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Madras High CourtCMA(MD)/495/2009dismissed

District Social Welfare v. V.Thangavel

2020-12-10Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Tenth day of December Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CMA(MD). No.495 of 2009

1. The District Social Welfare Officer, O/o.District Social Welfare Officer, Tennis Street, State Bank of India (Near), Nagercoil.

2. The District Collector, District Collectorate, Kanniyakumari District at Nagercoil.

... Appellants/Respondents -vsV.Thangavel, S/o.Vellaikan Devar, 104, Manoor Keezha Street, Palayamkottai Taluk, Tirnelveli District.

... Respondent/Claimant Prayer:-Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree of the Motor Accident Claims Tribunal/2nd Additional Sub Court, Tirunelveli dated 03.02.2003 in M.C.O.P.No.869 of 2002.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this Thursday the Tenth day of December Two Thousand and Twenty and upon perusing the grounds of Appeal, the award of the Tribunal and the material papers to the Appeal and upon hearing the arguments of Mr.J.GUNASEELAN MUTHIAH, Special Government Pleader for the Appellant and of Mr.T.SELVAKUMARAN, Advocate for the respondent, this Court doth order and decree as follows:-

(1) That the award and decree passed by the Motor Accident Claims Tribunal/2nd Additional Sub Court, Tirunelveli dated 03.02.2003 made in M.C.O.P.No.869 of 2002, be and hereby are confirmed and the Civil Miscellaneous Appeal do stand dismissed.

(2) That the Appellants herein be and hereby are directed to deposit the entire award amount together with accrued interest and costs after deducting the amount already deposited, if any, within a period of Eight weeks from the date of receipt of copy of this judgment.

(3) That on such deposit being made, the respondent herein/claimant be and hereby is permitted to withdraw the award amount, less the amount already withdrawn, if any together with interest and costs; and

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) To:

1. The II Additional Subordinate Judge, Motor Accident Claims Tribunal, Tirunelveli.

2. The District Social Welfare Officer O/o.District Social Welfare Officer Tennis Street, State Bank of India (Near), Nagercoil.

3. The District Collector District Collectorate Kanniyakumari District at Nagercoil Copy to: The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2) +1 CC to Mr.T.SELVA KUMARAN, Advocate SR-25054. +1 CC to the SPL GP SR-25088.

ORDER DATED : 10/12/2020 ========================== DECREE ========================== CMA(MD). No.495 of 2009

Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the Motor Accident Claims Tribunal/2ndAdditional Sub Court Tirunelveli dated 03.02.2003 made in M.C.O.P.No.869 of 2002.

KM(CO) CS(31.12.2020) 3P 8C