Madras High CourtCMA(MD)/856/2010dismissed

Managing Director v. Kamatchi

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 Twenty One PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CMA(MD).No.856 of 2010 The Managing Director, Tamil Nadu State Transport Corporation Limited, Madurai Division -4, Collectorate Post, Bye Pass Road, Dindigul, ...Appellant/Respondent Vs

1. Kamatchi

2. Chinnammal ... Respondents 1 & 2/ Petitioners Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the Judgment and Decree dated13.04.2006 made in M.C.O.P.No.773 of 2003 on the file of the Motor Accidents Claims Tribunal, Fast Track Court, Dindigul. DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Friday, the Eighteenth Day of December Two Thousand and Twenty, upon perusing the Grounds of Appeal, the Judgment and Decree of the Motor Accidents Claims Tribunal, Fast Track Court, Dindigul and the material papers to the Appeal and upon hearing the arguments of MR.JANAKI RAMULU, Advocate for the Appellant and of the Respondents having not appeared either in person or by an Advocate and having stood over for consideration till this date, this Court while dismissing the Appeal, doth order and decree as follows:-

(1) That the compensation awarded by the Tribunal is enhanced from Rs.1,50,000/- (Rupees one lakh fifty thousand only) to Rs.2,45,000/- (Rupees two lakhs forty five thousand only).

(2) That the Respondents be and hereby entitled to interest at the rate of 7.5% from the date of petition and costs.

(2) That the Appellant/Transport Corporation be and hereby is directed to deposit the balance award amount with interest and cost within a period of two months from the date of receipt of copy of this order.

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(3) That on such deposit being made, the Respondents/Claimants be and are hereby are entitled to receive an equal share of the compensation with proportionate accrued interest and permitted to withdraw the amount immediately.

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) To.

The Motor Accidents Claims Tribunal, Fast Track Court, Dindigul.

Copy to:

The Section Officer,V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.R.JANAKIRAMULU, Advocate ( SR-560 dated 08/01/2021 ) ORDER DATED : 06/01/2021 ========================== DECREE ========================== CMA(MD).No.856 of 2010 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the Judgment and Decree of the Motor Accident Claims Tribunal, Fast Track Court, Dindigul dated 13.04.2006 made in MCOP No.773 of 2003 and giving directions etc.

stated therein.

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