Madras High CourtCMA(MD)/1390/2016dismissed

The Managing Director v. Joy Rajam W/O Selvakani

2017-02-14Honourable Mr Justice N. Kirubakaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appeallate Jurisdiction) Thursday, the Eighth day of December Two thousand and Sixteen PRESENT THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN C.M.A(MD)No.1390 of 2016 and C.M.P(MD)No.11646 of 2016 The Managing Director, Tamil Nadu State Transport Corporation, Vannarapettai, Tirunelveli.

... Appellant/2nd Respondent Vs.

1.Joy Rajam 2.Punitha 3.Rethina Swamy ... Respondents 1 to 3/Petitioners 4.Ganesan ... 4th Respondent/1st Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree passed in M.C.O.P.No.77 of 2015, dated 10.12.2015 on the file of the Motor Accident Claims Tribunal cum Principal Sub Court, Tenkasi. Decree : This Civil Miscellaneous Appeal is coming on for hearing on this day and upon perusing the grounds of Appeal, the order of the Lower Court and the material papers in these Appeals and upon hearing the arguments of Mr.P.Prabhakaran, Advocate for the Appellant and Mr.D.Srinivasa Raghavan, Advocate for the respondents 1 to 3 and this Court while allowing the Appeal in part doth order and decree as follows:

1.that the respondents 1 to 3 / Claimants 1 to 3 be and hereby are entitled to a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) with interest at the rate of 7.5% per annum and proportionate costs, from the date of petition till date of realisation.

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2.that the appellant/Trasport Corporation be and hereby directed to transfer the award amount, less the amount already deposited, if any, as per the apportionment made by the Tribunal, through RTGS / NEFT to the personal Savings Bank Account Numbers of the claimants, after getting the Account Details from the respective claimants by the officials of the appellant / Trasport Corporation on or before 08.02.2017.

3.that there by no order as to costs in this Civil Miscellaneous Appeal.

Sd/ Assistant Registrar(A.S.,) /TRUE COPY/ Sub Assistant Registrar To The Principal Subordinate Judge, Motor Accident Claims Tribunal, Tenkasi.

Copy to The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.P.Prabhakaran, Advocate, in SR No.80173 +1cc to M/s.D.Srinivasa Ragavan, Advocate, in SR No 80096. C.M.A(MD)No. 1390 of 2016 and C.M.P(MD)No. 11646 of 2016 08.12.2016 anr/em/14.12.16/2p/5c(IT) https://hcservices.ecourts.gov.in/hcservices/