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Madras High CourtCMA(MD)/46/2018dismissed

The Managing Director v. Christina Philomina

2018-07-05Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Fifth day of July, Two Thousand and Eighteen present THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.M.A.(MD)Nos.46 of 2018 The Managing Director, Tamil Nadu State Transport Corporation Ltd., Periyamilaguparai, Tirchy - 620 001.

... Appellant / Respondent Vs.

Christina Philomina ... Respondents/Petitioners PRAYER: This Civil Miscellaneous Appeal is filed under section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 22.05.2017 in M.C.O.P. No.1372 of 2015 on the file of the Motor Accident Claims Tribunal, Special District Judge, Tiruchirappalli.

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 in this case and upon hearing the arguments of Mr.P.Prabhakaran, Advocate for the Appellant, Mr.T.Senthilkumar, Advocate for the respondent, and this Court having observed that it represented by the learned Counsel appearing for the Appellant/Transport Corporation that the Appellant/ Transport Corporation has already deposited half of the award amount, this Court; doth order and decree as follows: 1)That the award dated 22.05.2017 made in M.C.O.P.No.1372 of 2015 by the Motor Accident Claims Tribunal, Special District Judge, Tiruchirappalli be and hereby is confirmed and the Civil Miscellaneous Appeal do stand dismissed;

2)That the Appellant herein / Transport Corporation do deposit the balance award amount with accrued interest at the rate of 7.5% per annum and cost, with in a period of twelve weeks from the date of receipt of a copy of this Judgment;

3)That on such deposit being made, the respondent herein/claimant shall withdraw the entire amount without filing proper any formal application before the Tribunal; and 4)That there be no order as to costs in this Civil Miscellaneous Appeal.

Sd/ Assistant Registrar (CS-I) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-I)

To The Special District Judge, (Motor Accident Claims Tribunal), Tiruchirappalli. Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1cc to Mr.P.PRABHAKARAN, Advocate, SR.No.71382. +1cc to Mr.T.SENTHIL KUMAR, Advocate, SR.No.71796 DATED: 05.07.2018 DECREE CMA(MD)No.46 of 2018 Dismissing the Appeal preferred against judgment and decree dated 22.05.2017 in M.C.O.P. No.1372 of 2015 on the file of the Motor Accident Claims Tribunal, Special District Judge, Tiruchirappalli. And etc., as stated within.

DS/RP/SAR-1/10.08.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/