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Madras High CourtCMA(MD)/862/2017partly allowed

S.K.Veluchamy @ Steephan, v. The General Manager,

2017-12-07Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Seventh day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CMA(MD) No.862 of 2017 S.K.Veluchamy @ Stephen ... Appellant/Petitioner Vs.

The General Manager, Tamil Nadu Transport Corporation, Regional Office, Madurai.

... Respondents/Respondents Civil Miscellaneous Appeal is filed under section 173 of the Motor Vehicles Act against the order of the Motor Accidents Claims Tribunal, Sub Court, Theni made in M.C.O.P.No.74/2009 dated 11.01.2016.

DECREE : The Civil Miscellaneous Appeal coming on for hearing on this day upon perusing the grounds of Appeal, the order of the Lower Court, and the material papers relating to this case and upon hearing the arguments of Mr.S.K.Veluchamy @ Stephen appeared as party in person on behalf of the Appellant and of Mr.P.Prabhakumar, Advocate for the respondent and court while allowing this Appeal in part, doth order and decree as follows :- i) That the Award dated 11.01.2016 made in M.C.O.P.No.74/2009 on the file of the Motor Accident Claims Tribunal/Subordinate Court, Theni be and hereby is setaside and the Civil Miscellaneous Appeal is allowed in part.

ii) that the Claimant herein be and hereby is entitled to get a compensation of Rs.30,000/- (Rupees Thirty Thousand only). iii) that the respondent herein/Transport Corporation be and hereby is directed to deposit the entire compensation amount with interest at the rate of 7.5% per annum, from the date of petition till the date of realization and costs, within a period of eight weeks from the date of receipt of a copy of this order.

iv) That on such deposit, the claimant herein be and hereby is permitted to withdraw the entire amount by filing proper application before the Tribunal.

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

sd/- Assistant Registrar (CO) / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. The Subordinate Judge, Motor Accidents Tribunal, Theni.

Copy To :

1 The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai. (2copies) 2 Thiru.S.K.Veluchamy, S/o.Kathirvel, D.No.12-2-3, Sadaiyapillai Street, Srinivasa Nagar, Aundipatty Post, Theni District.

+1CC to Mr.P.Prabhakaran, Advocate sr.No.91553 GJM/RR/SAR-3-5.6.18-2p-6c DATED : 07.12.2017 DECREE CMA(MD) No.862 of 2017 Nature of the DECREE : Allowing this Appeal in part with modifications preferred against the Award dated 11.01.2016 made in M.C.O.P.No.74/2009 on the file of the Motor Accident Claims Tribunal/Sub Court, Theni etc, as stated within.

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