Madras High CourtCMA(MD)/542/2009dismissed

The Managing Director v. Minor Srinath

2021-04-19Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Nineteenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CMA(MD). No.542 of 2009 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION LTD.

KARAIKUDI..

... Appellant/Respondent Vs SRINATH (Minor Respondent declared as Major vide Court order dated.19.04.2021 in CMA(MD)No.542/2009 by this court) ... Respondent/Claimant Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and award made in M.C.O.P.No.86 of 2006, dated 05.06.2007, on the file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Ramanathapuram. DECREE:- This Civil Miscellaneous Appeal coming for hearing on this day, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of MR.N.ASAITHAMBI, Advocate for the Appeallant and of MR.P.MUTHUSAMY, Advocate for the Respondent, this Court doth order and decree as follows,

(1) That the judgment and decree made in M.C.O.P.No.86 of 2006, dated 05.06.2007, on the file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Ramanathapuram. be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed;

(2) That the Appeallant herein /Transport Corporation be and hereby is directed to deposit the entire award amount with accrued interest and costs, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of the Judgment;

(3) That on such deposit being made, the Respondent herein/Claiment be and hereby is permitted to withdraw the award amount, by filling necessary application before the Tribunal below; and https://hcservices.ecourts.gov.in/hcservices/

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Ramanathapuram.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies ORDER DATED : 19/04/2021 ========================== DECREE ========================== CMA(MD). No.542 of 2009 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and award made in M.C.O.P.No.86 of 2006, dated 05.06.2007, on the file of the Motor Accidents Claims Tribunal / Chief Judicial Magistrate, Ramanathapuram.as stated within.

KB(28.05.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/