Madras High CourtCMA(MD)/701/2016dismissed

The Managing Director, v. Tamilarasi (Age 29)

2016-07-28Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Thursday the Twenty eighth day of July Two thousand and Sixteen PRESENT THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM C.M.A.(MD)No.701 of 2016 and C.M.P.(MD)No.7220 of 2016 The Managing Director, Tamil Nadu State Transport Corporation, Maruthupathi, Karaikudi.

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Appellant / Respondent Vs.

1.Tamilarasi 2.Minor Aravindkumar 3.Minor Neelakandan ... Respondents 1 to 3/Petitioners.

(Minor respondents 2 and 3 are rep.through their mother 1st respondent) 4.Natarajan ...

1st Respondent/4th Respondent.

(Expartee in Tribunal) Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree passed in M.C.O.P.No.71 of 2006 dated 19.08.2009 by the Motor Accident Claims Tribunal cum Subordinate Court, Devakottai. DECREE: This Civil Miscellaneous Appeal is coming on for hearing on this day and upon perusing the grounds of Appeal, the order of the Lower Court and the material papers in this Appeals and upon hearing the arguments of Mr.M.Prakash Advocate for Appellant and this Court doth order and decree as follows:

1. that the Judgment and Decree passed by the Motor Accident Claims Tribunal Cum Subordinate Court, Devakottai dated 19.08.2009 made in M.C.O.P.No.71 of 2006 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed.

2. that the Appellant/the transport Corporation is be and hereby directed to deposit the entire award amount along with accrued interest and costs within a period of eight weeks from the date of receipt of the copy of this order less the amount already deposited.

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3. that on such deposit, the claimants are be and hereby permitted to withdraw the award amount with interest and costs as

apportioned by the tribunal.

4. there there be no costs in this Civil Miscellaneous Appeal. Sd/ Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar.

To The Motor Accident Claims Tribunal cum Subordinate Court, Devakottai.

+1CC to M/S. M.Prakash, Advocate, SR.No. 40299 Dated: 28/07/2016 DECREE C.M.A.(MD)No.701 of 2016 Nature of The Judgment:

Dismissing the Civil Miscellaneous Appeal preferred against the Judgment and decree passed in MCOP No. 71 of 2006 dated 19.08.2009 by the Motor Accidents Claims Tribunal cum Subordinate Court, Devakottai etc., as stated within.

AM/KP/23.08.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/