The District Supply Officer v. Kps. Sivasubramanian,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Eighth day of November Two Thousand and Seventeen PRESENT THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD).No.380 of 2016 1.The District Supply Officer, Office of the District Supply Office, Collector Office, Pudukottai.

2.The District Collector, Pudukkottai.

... Appellants/Respondents Vs.

KPS.Sicassubramanian @ Subramanian ...Respondents/Claimant This Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to allow this appeal and set aside the award in M.C.O.P.No.140/2011 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Pudukkottai dated 23.08.2013.

DECREE:This Civil Miscellaneous Appeal coming on for hearing on this day, upon perusing the grounds of Appeal, the order of the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Pudukottai and material papers of the appeal upon hearing the arguments of Mr.D.Muruganantham, Additional Government Pleader, on behalf of the Appellant and M/s.S.Prabha for Mr.P.Ramesh Kumar, Advocate for the Respondent, this Court while allowing the appeal on part and in modification of the award of the Tribunal below, doth order and decree as follows:- (i)That the Appellants/Respondents are liable to pay the reduced sum of Rs.1,90,443/- (Rupees One Lakh Ninety Thousand and Four Hundred Forty Three Only) instead of Rs.2,20,443/-(Rupees Two Lakhs Twenty Thousand and Four Hundred and Forty Three Only) with interest at 7.5% per annum and cost 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;

(ii)That on such deposit the Claimant is entitled to withdraw the entire amount, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal; https://hcservices.ecourts.gov.in/hcservices/

(iii)That there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Chief Judicial Magistrate, Motor Accident Claims Tribunal, Pudukkottai 2.The District Supply Officer, Office of the District Supply Office, Collector Office, Pudukottai.

3.The District Collector, Pudukkottai.

Copy to:

The Section Officer, VR Section, Madurai Bench of Madras High Court,Madurai.

+1CC to Mr.D.Ramesh Kumar, Advocate, SR.No. 85840 +1CC to the Special Government Pleader SR.No.86227 DATED:

08/11/2017 DECREE C.M.A.(MD).No.380 of 2016 Nature of the DECREE:

Modifying the Civil Miscellaneous Appeal preferred against the award in MCOP No.140 of 2011 on the file of the Motor Accident Claims Tribunal/ Chief Judicial Magistrate, Pudukottai date 23.08.2013 etc., as stated within.

AM/SKN RSK/SAR 1/19.12.2017/2P/7C https://hcservices.ecourts.gov.in/hcservices/