Madras High CourtCMA(MD)/803/2011dismissed

The Managing Director v. Noorjahan (Died) W/O.Thonthi

2021-01-11Honourable Mr Justice G.Ilangovan2 pages

CMA(MD). No.803 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Eleventh day of January, Two Thousand and Twenty One PRESENT The Honourable Mr.Justice G.ILANGOVAN CMA(MD). No.803 of 2011 THE MANAGING DIRECTOR, M/S.TAMILNADU STATE TRANSPORT CORPORATION, BYE PASS ROAD, DINDIGUL.

... Appellant/Respondent Vs NOORJAHAN (DIED)

1. SIBBANISHGA

2. KAMARUNISHA

3. MUTHAPPA

4. ABDUL HAKKIM

5. MAHARIBA

6. FATHIMA ... Respondents/Petitioners Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the Chief Judicial Magistrate, Motor Accident Claims Tribunal (Chief Judicial Magistrate Court), Theni dated 11.10.2010 made in M.C.O.P. No.51 of 2008.

DECREE:- This Civil Miscellaneous Appeal came up for final hearing on Wednesday, the Sixteenth 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.M.Prakash, Advocate for the Appellant, and the Respondents R2 to R6 not appearing either in person or through Advocate, and having stood over the matter for consideration till this date, this Court doth order and decree as follows:-

(1) That the Award dated 11.10.2010 made in M.C.O.P. No.51 of 2008 by the Motor Accident Claims Tribunal ( the Court of the Chief Judicial Magistrate), Theni be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed;

(2) That the Appellant/Transport Corporation do deposit the balance Award amount with accrued interest and costs, within two months from the date of receipt of a copy of this order;

(3) That on such deposit being made, the Tribunal below shall https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.803 of 2011 send notice to the Claimants and permit them to withdraw the same immediately;

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

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Chief Judicial Magistrate, The Motor Accident Claims Tribunal (The Chief Judicial Magistrate Court), Theni.

Copy to:

The Section Officer,(2C) V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.M.PRAKASH, Advocate ( SR-1005 dated 18/01/2021 ) ORDER DATED : 11/01/2021 ========================== DECREE ========================== CMA(MD). No.803 of 2011 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the Motor Accident Claims Tribunal/CJM Court, Theni dated 11.10.2010 made in MCOP. No.51 of 2008 and giving directions etc. stated therein.

KB(25.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2