Madras High CourtCMA(MD)/670/2020partly allowed

Express Transport v. Vijayakumar

2021-11-18Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMA(MD). No.670 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Eighteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMA(MD). No.670 of 2020 EXPRESS TRANSPORT Tamil Nadu State Corporation Ltd Rep.by its Managing Director, Anna Salai Chennai-600 002. ... Appellant/Respondent Vs

1. Vijayakumar

2. Tamizhil Selvi

3. Ravathi

4. Dinesh ... Respondents/Petitioners Prayer :- Civil Miscelllaneous Appeal filed under Section 173 of the Motor Vehicles Act,1988 to set aside the award and decree made in MCOP No.1690 of 2014 dated 14.08.2019 on the file of the Motor Accident Claims Tribunal/Special District Court, Tiruchirappalli. Decree: This Civil Miscellaneous Appeal having come up for final 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 P.Prabhakaran, Advocate for the Appellant and of P.Arun Jayatram, Advocate for the Respondents 1 to 4 ,while allowing this Civil Miscellaneous Appeal in part,this Court while allowing the appeal in Part, and in modification of the award of the Tribunal Below, doth order and decree as follows:- 1.That the compensation awarded by the Tribunal be and hereby is reduced from Rs.20,04.400/- to Rs.19,24,400/-(Nineteen Lakhs Twenty Four Thousand and Four Hundred Only) which would carry interest at the rate of 7.5% per annum.

2. That the appellant herein/Transport Corporation be and hereby is directed to deposit the compensation awarded by this court i.e. Rs.19,24,400/-(Nineteen Lakhs Twenty Four Thousand and Four Hundred only) (less the amount already deposited) 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.1690 of 2014 on the file of the Motor Accident Claims Tribunal/Special District Court, Tiruchirappalli within a period of six weeks from the date of receipt of a copy of this order.

3.That the amount already deposited by the appellant herein/Transport Corporation, if any, is in excess of the amount https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.670 of 2020 awarded by this Court, the appellant be and hereby is at liberty to withdraw the same.

4.That on such deposit being made,the respondents /claimants be and hereby are at liberty to withdraw the same after following due precess of law.

5.That the apportionment granted by the Tribunal be and hereby is kept intact; and 6.That there be no costs in this appeal.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS IV) TO The Special District Court/ The Motor Accident Claims Tribunal Tiruchirappalli.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai (2 Copies) +1 CC to M/s.P. PRABHAKARAN, Advocate ( SR-34925 dated 18/11/2021) ORDER DATED : 18/11/2021 ========================== DECREE ========================== CMA(MD). No.670 of 2020 Allowing the CMA(MD).No.670 of 2020 preferred against the award and decree made in MCOP. No.1690 of 2014 dated .

14.08.2019 on the file of the Motor Accident Claims Tribunal / Special District Court, Tiruchirappalli.

etc.

as stated within.

PS(CO) GC/SKN(25.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2