Madras High CourtCMA(MD)/470/2016partly allowed

The Managing Director, v. Upakaradhas,

2017-12-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Sixth day of December Two Thousand and Seventeen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CMA(MD) No.470 of 2016 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION, KUMBAKONAM, ... Appellant/Respondent Vs.

1. UPAKARADHAS,

2. ROSALI, ...Respondents/Petitioners Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, preferred against the judgment and decree of the Motor Accident Claims Tribunal/Special District Court, Thanjavur dated 02.11.2015 made in MCOP No.280 of 2014. DECREE: The Civil Miscellaneous Appeal is coming on for hearing on this day, upon perusing the grounds of Appeal, award of the Tribunal below and the material papers of the Appeal and upon hearing the arguments of Mr.P.Prabhakaran, Advocate for the Appellant and of Mr.D.Veera Sekaran, Advocate for the Respondents, this Court while Allowing the Appeal in part doth order and decree as follows; 1.That, the award of the Motor Accidents Claims Tribunal/Special District Judge, Thanjavur dated 02.11.2015 made in MCOP No.280 of 2014 be and hereby is reduced from Rs.

16,03,000/- to the sum of Rs.10,77,800/-(Rupees Ten Lakhs Seventy Seven Thousand and Eight Hundred Only) 2.That, the Appellant herein /Transport Corporation do deposit the compensation amount of Rs.10,77,800/-(Rupees Ten Lakhs Seventy Seven Thousand and Eight Hundred Only) with interest at the rate of 7.

3.That,on such deposit being made, the Respondents herein/ Claimants shall withdraw the same, as apportioned by the tribunal, less the amount already withdrawn by them, if any.

4.That, there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CO) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The Special District Judge, Motor Accident Claims Tribunal, Thanjavur.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1CC to Mr.P.Prabhakaran Advocate in SR.No.91276. +1CC to Mr.D.VeeraSekaran Advocate in SR.No.91209. TSG/LS DS/SV-MMS/SAR-2 :19.06.2018: 2P/6C DATED :06/12/2017 DECREE CMA(MD) No.470 of 2016 Allowing the Appeal in Part preferred against the award of the MACT, Special District Court, Thanjavur dated 02.11.2015 made in MCOP No.280 of 2014 and etc. as stated within.

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