Madras High CourtCMA(MD)/375/2011partly allowed

Managing Director v. Panchatcharam

2021-01-06Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Sixth day of January Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CMA(MD).No.375 of 2011 The Managing Director, Tamilnadu Transport Corporation Ltd., Periamilaguparai, Trichy. Appellant/Respondent Vs 1.Panchatcharam 2.Gomathi Ponni 3.Revathi ... Respondents/Petitioners Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, as against the award and ex-order dated 27/10/2006 made in M.C.O.P.No.1955 of 2002 on the file of the Motor Accident Claims Tribunal (3rd Additional Sub Court), Tiruchirapalli.

DECREE:- This Civil Miscellaneous Appeal having come up for hearing on Monday the Fourteenth Day of December Two Thousand and Twenty, 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.S.C.Herold Singh, Advocate appearing for the Appellant and the third respondent not appeared either in person or by an Advocate, having stood over for consideration till this day and this court while Allowing this Appeal in part and modifying the award passed by the Tribunal below, this court doth order and decree as follows:- (1)That the award passed by the Motor Accident Claims Tribunal (3rd Additional Sub Court), Tiruchirapalli, dated 27/10/2006 passed in M.C.O.P.No.1955 of 2002 be and hereby is reduced from Rs.

2,25,000/- (Rupees Two Lakhs and Twenty Five Thousand only) to Rs.1,76,000/-(Rupees One lakh Seventh Six Thousand only) (2)that the Appellant herein/Transport Corporation be and hereby is directed to deposit the aforesaid amount along with interest at the rate of 7.5% p.a, from the date of petition till the https://hcservices.ecourts.gov.

date of deposit (excluding the period of default of the petition, if any) and also proportionate cost, within a period of two months from the date of receipt of copy of this judgment, less the amount already deposited if any.

(3)that on such deposit being made, the Tribunal be and hereby is directed to transfer on petiion by the Respondents herein/Claimants, the award amount to the accounts of the Respondents 1 to 3 herein/Claimants by way of RTGS, within a period of three weeks thereafter., and,

(4) that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Motor Accident Claims Tribunal, (3rd Additional Sub Court), Tiruchirapalli.

Copy to The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2C) ORDER DATED : 06/01/2021 ========================== DECREE ========================== CMA(MD).No.375 of 201 Nature of Decree:- While Allowing this Appeal in Part and modyfing the award passed by the tribunal below as against the award passed by the Motor Accident Claims Tribunal (3rd Additional Sub Court),Tiruchirapalli, dated 27/10/2006 made in M.C.O.P.No.1955 of 2002, etc.,as stated within.

https://hcservices.ecourts.gov.in/hcservices/ KK(04.02.2021) 2P 4C