Madras High CourtCMA(MD)/364/2016dismissed

Tamil Nadu State Transport v. D.Amal Rejes,

2017-12-15Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Fifteenth day of December Two Thousand and Seventeen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CMA(MD) No.364 of 2016 Tamil Nadu State Transport Corporation (Kumbakonam Division) Limited, Represented by Its Managing Director, New Railway Station Road, Kumbakonam.

... Appellant/Respondent No.1 vs

1. D.Amal Rejes ...1st Respondent/Petitioner

2. Tamil Nadu State Transport Corporation (Erode Division II) Limited, Represented by Its Managing Director, Chennimalai Road, Erode.

2nd Respondent/2nd Respondent Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 30.03.2015 made in M.C.O.P.No.119 of 2012 on the file of the Motor accident claims Tribunal (Principal Sub Court), Karur. DECREE: This Civil Miscellaneous Appeal coming on for hearing on this day and upon perusing the grounds of Appeal, the award of the Tribunal and the material papers to this case and upon hearing the arguments of Mr.P.Prabhakaran, Advocate for the Appellant and of Ms.Gayathiri for Mr.V.Balaji, Advocate for the first respondent and of Mr.A.Theethar for Mr.M.Kayalarasan, Advocate for the second respondent, this court doth order and decree as follows: i) that, the award passed in M.C.O.P.No.119 of 2012, dated 30.03.

2015 on the file of the Motor accident claims Tribunal (Principal Sub Court), Karur be and hereby is confirmed and the Civil Miscellaneous Appeal do stand dismissed; ii) that, the appellant herein/Transport Corporation do deposit the compensation amount of Rs.31,600/- (Rupees Thirty One Thousand and Six Hundred only) with interest at the rate of 7.5% per annum and costs, from the date of petition till the date of realization, within a period of twelve weeks from the date of receipt of a copy of this order, less the amount already deposited, if any; iii) that, on such deposit being made, the claimant/1st respondent herein shall withdraw the entire amount, less the amount already withdrawn by him, if any, by filing appropriate application before the Tribunal; and https://hcservices.ecourts.gov.

iv) that, there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The Principal Sub judge, Motor accident claims Tribunal, Karur.

COPY TO The Record Keeper, (2 COPIES) Vernacular Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.V.Balaji, Advocate Sr.No.92994 +1cc to Mr.P.Prabhakaran, Advocate Sr.No.93100 VB/JC/SAR1/11.06.2018/2P/6c DATED :15/12/2017 DECREE CMA(MD) No.364 of 2016 Dismissing the appeal preferred against the judgment and Decree of the Motor accident claims Tribunal (Principal Sub Court), Karur dated 30.03.2015, made in M.C.O.P.No.119 of 2012 and etc., as stated within.

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