Madras High CourtCMA(MD)/786/2016dismissed

The Managing Director v. Nagu S/O.Arumugam,

2016-08-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Ninth day of August Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM C.M.A(MD) No.786 of 2016 and C.M.P(MD)No.7605 of 2016 The Managing Director, Tamil Nadu State Transport Corporation, Kamuthi Depo.

.. Appellant/Respondent vs.

1.Nagu 2.Indra .. Respondents/Petitioners Civil Miscellaneous Appeal is filed under section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree of the Motor Accident Claims Tribunal cum Sub Court, Aruppukkottai dated 07.04.2011 and made in MCOP 35 of 2010.

Order: This Appeal coming on for hearing on this day and upon perusing the grounds of Appeal, the order of the Lower Court, and Material papers relating to this appeal and upon hearing the arguments of Mr.M.Prakash, Advocate for the appellant and the respondents not appeared either in person or by an advocate, this court doth, order and decree as follows:

1. That the award and Decree passed by the Motor Accidents claims Tribunal, Sub Court, Aruppukkottai on 07.04.2011 in MCOP No.35/2010 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed and

2. That the appellant herein/Transport corporation be and is hereby directed to deposit the entire award amount along with https://hcservices.ecourts.gov.in/hcservices/ interest and costs, if not already deposited, within a period of

eight weeks from the date of receipt of the copy of this Judgment;

3. That, on such deposit being made, the claimants herein/Respondents be and hereby are permitted to withdraw the entire award amount, without filing any formal petition before the Tribunal;

4. That there be no order as to costs in the Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Subordinate Judge, The Motor Accident Claims Tribunal, Aruppukottai.

Copy to The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai +1 cc to MR.M.PRAKASH, Advocate SR.No.43445 DECREE C.M.A(MD) No.786 of 2016 and C.M.P(MD)No.7605 of 2016 Date :09/08/2016 Nature of the Decree:

Dismissing the Civil Miscellaneous Appeal preferred against the Judgement and Decree of the Motor Accident Claimst Tribunal cum Subrodinate Court, Aruppukkottai dated 07.04.2011 and made in MCOP 35 of 2010 and etc., stated within.

SMA/EM-MPA/08.12.2016:2p/4c https://hcservices.ecourts.gov.in/hcservices/