The Manager Director, v. Ranjitha,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI (Civil Appellate Jurisdiction) Tuesday, the Twenty Sixth day of April, Two Thousand and Twenty Two PRESENT The Honourable Mr.Justice RMT.TEEKAA RAMAN The Manager Director, Tamilnadu State Transport Corporation, Railway Station Road, Kumbakonam.
... Appellant/2nd Respondent Vs.
1. Ranjitha
2. Minor.Keerthanapriya
3. Minor. Bhavatharani ... Respondents 1 to 3/ Claimants (Respondent Nos.2 and 3 rep.by their mother and natural guardian- firt Respondent)
4. The Branch Manager, Branch Office, Karandhai Depot, Thanjavur.
... 4th Respondent/1st Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the Special District Judge, Motor Accident Claims Tribunal (The Special District Court), Thanajvur dated 26.08.2019 made in M.C.O.P. No.188 of 2019.
DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, 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.P.M.VISHNUVARTHANAN, Advocate for the Appellant and of N.TAMILMANI, Advocate for Respondents 1 to 3, this Court doth order and decree as follows:-
(1) That the Award dated 26.08.2019 made in M.C.O.P. No.188 of 2019 on the file of the Motor Accident Claims Tribunal (The Special District Court), Thanajvur be and hereby is upheld and the Civil Miscellaneous Appeal is dismisse;
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(2) That the Appellant/Transport Corporation be and hereby is directed to deposit the entire Award amount of Rs.14,98,000/- (Rupees Fourteen Lakhs and Ninety Eight Thousand only) together with interest at the rate of 7.5% per annum to the credit of M.C.O.P. No.188 of 2019 on the file of the Motor Accident Claims Tribunal (The Special District Court), Thanajvur, within a period of eight weeks from the date of receipt of copy of this judgment, if not already deposited.
(3) That on such deposit being made by the Appellant, the first claimant be and is hereby permitted to withdraw the same, as per the orders passed by the Tribunal, and the apportionment granted by the Tribunal shall be kept intact;
(4) That the share of the minor Claimants 2 and 3 shall be deposited in any one of the nationalised bank until they attain majority, and the first claimant is permitted to with the interest directly from the bank once in three months in order to maintain the minor;
(5) And that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TO The Special District Judge, Motor Accident Claims Tribunal (The Special District Court), Thanajvur.
Copy to:
The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.P.M. VISHNU VARTHANAN, Advocate, Copy Application Sr. No.21390 dated 26/04/2022.
+1 CC to M/s. N.TAMIL MANI, Advocate, Copy Application Sr. No.21338 dated 26/04/2022.
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ORDER DATED : 26/04/2022 ========================== DECREE ========================== Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the Special District Judge, Motor Accident Claims Tribunal (The Special District Court), Thanajvur dated 26.08.2019 made in M.C.O.P. No.188 of 2019 and giving directions etc. as stated therein.
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