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Madras High CourtCMA(MD)/1302/2015partly allowed

The Branch Manager, v. Kamarudeen,

2016-08-16Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Sixteenth day of August Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CMA(MD) No.1302 of 2015 he Branch Manager, Tamil Nadu State Transport Corporation, Pillai Thanneer Pandal, Thirumayam Main Road, Pudukkottai.

... Appellant/Respondent Vs.

1.Kamarudeen 2.Mumtaj Begam 3.Ramjan bnegam 4.Aniz Fathima .. Respondents 1 to 4/ Petitioners 1 to 4 Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment of the Motor Accident Claims Tribunal, Principal District Court, Pudukkottai dated 20.02.2015 and made in M.C.O.P.No.81 of 2013. DECREE : This Civil Miscellaneous Appeal coming on for hearing on this day upon perusing the grounds of Appeal, the order of the Lower Court, and upon hearing the arguments of Mr.D.Sivaraman, Advocate for the Appellant and Mrs.S.Banumathy, Advocate for the Respondents and this Court while allowing in part and in modification of the award of the Tribunal below doth order and decree as follows :-

1) that the award and passed by the Motor Accidents Claims Tribunal Principal District Judge, Pudukkottai dated 20.02.2015 and made in M.C.O.P.No.81 of 2013, be and is hereby modify to a sum of Rs.6,97,000/- (Rupees six lakhs and ninety seven thousand only).

2) that the appellant/Transport corporation be and is hereby directed to deposit the balance modified amount within a period of 8 https://hcservices.ecourts.gov.in/hcservices/ (eight) weeks, form the date of the receipt of the copy of this order ;

3) that on such deposit the Claimants 1 to 4/Respondents 1 to 4 herein be and are hereby permitted to withdraw the award amount as apportioned by the Tribunal.

4) that there be no costs in this appeal.

sd/- Assistant Registrar (CS-I) / TRUE COPY / Sub-Assistant Registrar (C.S.) To, The Principal District Judge, The Motor Accident Claims Tribunal, Pudukkottai.

+1CC to Mr.A.Banumathy, Advocate Sr.No.44679 +1CC to Mr.D.Sivaraman, Advocate sr.No.44779 Copy To : The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

CSL/AAL/MPA/27.9.16-2p-5c DATED : 16.08.2016 DECREE IN CMA(MD) No.1302 of 2015 Nature of DECREE : Partly allowing the appeal preferred against the Motor Accident Claims Tribunal/Principal District Court, Pudukkottai dated 20.02.2015 and made in M.C.O.P.No.81 of 2013 as stated within etc., https://hcservices.ecourts.gov.in/hcservices/