The Managing Director, v. Kandasamy
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Ninth day of March Two Thousand and Seventeen PRESENT THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.(MD)No.81 of 2016 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION, KUMBAKONAM DIVISION-II, PERIYAMILAGUPARAI, TRICHY DISTRICT-1.
...PETITIONER /Vs/ 1.KANDASAMY 2.MINOR HARIHARAN, S/O.KANDASAMY, (THE 2ND RESPONDENT IS A MINOR REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN R1) 3.INDHUMATHY 4.THE GENERAL MANAGER, SHRI RAM GENERAL INSURANCE COMPANY LTD., 66, II FLOOR, CITY CENTRE COMPLEX, THIRUMALAI PILLAI ROAD, T. NAGAR CHENNAI -17.
...RESPONDENTS.
Prayer in CMA(MD)No.81 of 2016:
Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the order and decretal order dated 10.08.2015 made in MCOP No.1551/2013 on the file of the Motor Accident Claims Tribunal/Special District Court, Tiruchirappalli. DECREE:This Appeal coming on for hearing on this day, upon perusing the Grounds of Appeal, the order and Decretal order of the Lower Court and the material papers in the Appeal and upon hearing the arguments of Mr.P.Prabhakaran, Advocate for the Appellant and of Mr.M.Balakrishnan for Mr.N.Sudhagar nagaraj for the Respondents 1 and 2, the Respondents 3 and 4 neither appeared in person nor by an Advocate, this Court while dismissing this Appeal, doth order and decree as follows:
1. that the order and decretal order dated 10.08.2015 made in MCOP No.1551/2013 on the file of the Motor Accident Claims Tribunal/Special District Court, Tiruchirappalli be and hereby are confirmed and the Civil Miscellaneous Appeal is dismissed; 2.That the Claimants be and hereby are directed to submit their respective Savings Bank Account details along with the copies of their passbooks to the tribunal forthwith;
3.that the appellant-Transport Corporation be and hereby is directed to deposit the entire award amount along with accrued interest and costs, less the amount already deposited, if any, to https://hcservices.ecourts.gov.in/hcservices/
the credit of MCOP No.1551 of 2013 before the Motor Accident Claims Tribunal-cum-Special District Court, Tiruchirappalli, within a period of eight weeks from the date of receipt of a copy of the Judgment;
4.that on such deposit, the tribunal be and hereby is directed to transfer the award amount along with accrued interest and costs directly to the Personal Savings Bank Account numbers of the 1st Claimant, through RTGS/NEFT system, after getting his Account details, within a period of two weeks thereafter; 5.that in so far as the share of the minor Claimant, the tribunal shall invest the same in Fixed Deposits in any one of the Nationalized Banks under the renewable scheme till the minor claimant attain majority and the accrued interest thereon be permitted to be withdrawn once in three months by the guardian of the minor claimant;and 5.that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar 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 M/s.P.PRABHAKARAN Advocate in SR. No.13963 to 13983 +1cc to M/s. C.PADMARAJ Advocate in SR. No.13670 to 13672 +1cc to Mr.N.SUDHAGAR NAGARAJ Advocate in SR. No.13824 ORDER DATED : 09.03.2017 DECREE C.M.A.(MD)No.81 of 2016 Dismissing this Civil Miscellaneous Appeal etc., as stated within.
https://hcservices.ecourts.gov.in/hcservices/ AM/SKN RSK/SAR 1/23.02.2018/2P/7C