Madras High CourtCMA(MD)/50/2010dismissed

Tamil Nadu State Transport v. T.Rajaram

2021-01-07Honourable Mr Justice K. Kalyanasundaram2 pages

CMA(MD). No.50 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Seventh day of January Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CMA(MD). No.50 of 2010 Tamil Nadu State Transport Corporation, Managing Director, Karaikudi.

... Appellant/Respondent Vs T.Rajaram, S/o.Thanpandian (Minor respondent is declared as majar vide order dated 07.01.2021 made in CMA(MD).50 of 2010) ... Respondent/Petitioner Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree dated 28.03.2008 made in M.C.O.P.No.918 of 2005 on the file of the Motor Accident Claims Tribunal/First Additional Subordinate Court, Madurai.

DECREE:- This Civil Miscellaneous Appeal coming on for hearing on this day, upon perusing the grounds of Appeals, the award of the Tribunal and the material papers to this case and upon hearing the arguments of MR.N.Asaithambi, Advocate for the Appellant and Mr.R.Govindaraj, Advocate for the respondent; this Court doth order and decree as follows:-

1. That the award dated 28.03.2008 made in M.C.O.P.No.918 of 2005 on the file of the Motor Accident Claims Tribunal/First Additional Subordinate Court, Madurai be and hereby is confirmed and the Civil Miscellaneous Appeal is do stand dismissed;

2. That the appellant herein/Transport Corporation do 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 this order;

3. That on such deposit being made, the claimant shall withdraw the award amount, less the amount already withdrawn, if any, together with proportionate interest and costs; and https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.50 of 2010

4. That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Motor Accident Claims Tribunal, The First Additional Subordinate Judge, Madurai.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.R.GOVINDARAJ, Advocate ( SR-585 dated 08/01/2021 ) ORDER DATED : 07/01/2021 ========================== DECREE ========================== CMA(MD). No.50 of 2010 Nature of Decree:- Dismissing Civil Miscellaneous Appeal preferred against the judgment and decree dated 28.03.2008 made in M.C.O.P.No.918 of 2005 on the file of the Motor Accident Claims Tribunal/First Additional Subordinate Court, Madurai.

PK(CO) TR(19.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2