Madras High CourtWP(MD)/491/2021dismissed as infructuous

Nagarajan v. The District Collector

2022-02-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CMA(MD).No.491 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( CIVIL APPELLATE JURISDICTION ) FRIDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE MRS.JUSTICE S.ANANTHI CMA(MD).NO.491 OF 2021 R.Sripriya ...Appellant/Respondent Vs S.Senthilkumar

...Respondent/Claimant

Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the judgment and decree dated 11/08/2018 made in M.C.O.P.No.98 of 2017 on the file of the IV Additional Sub Court, Madurai.

DECREE:- This civil Miscellaneous appeal having come up for hearing on this day, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of Mr.J.Lawrance, Advocate for the Appellant and of Mr.J.Sankarapandiyan, Advocate for Mr.A.Anbalagan, Advocate for the Respondent and this court while dismissing the Civil Miscellaneous Appeal, doth order and decree as follows:-

(1) that the award passed by the IV Additional Subordinate Judge, Madurai, dated 11/08/2018 made in M.C.O.P.No.98 of 2017 be and hereby is confirmed except the interest.

(2)that the interest of 9% p.a awarded by the Tribunal be and hereby is reduced to 7.5% p.a, (3)that the Appellant herein/Respondent be and hereby is directed to deposit the compensation awarded by the Tribunal together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit to the credit of MCOP.No.98 of 2017 on the file of the Motor Accident Claims Tribunal/IV Additional Subordinate Judge, Madurai within a period of four weeks from the date of receipt of a copy of the judgment, less the amount already deposited, if any.

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CMA(MD).No.491 of 2021 (4)that on such deposit being made, the Respondent herein/Respondent be and hereby is entitled to withdraw the same, by filing necessary application before the Tribunl. (5)that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) To The IV Additional Sub Judge, The Motor Accidents Claims Tribunal/ Madurai.

COPY TO:- The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) +1 CC to M/s.J.LAWRANCE, Advocate ( SR-37459[F] dated 06/12/2021 ) ORDER DATED :03/12/2021 ========================== DECREE ========================== CMA(MD).No.491 of 2021 While Dismissing this Civil Miscellaneous Appeal preferred against the IV Additional Subordinate Judge, Madurai, dated 11/08/2018 made in M.C.O.P.No.98 of 2017 and direction etc.,as stated therein.

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