Chitra v. The Branch Manager
CMA(MD). No.877 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Nineteenth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice N.MALA CMA(MD). No.877 of 2022
1. CHITRA
2. Minor.Atshaya
3. Minor Bakya
4. Minor Azhageswaran ( 2 ,3 and 4 Petitioners are represented by their Next Friend, Natural Guardian of the 1st Petititoner, Chitra) ... Appellants/Petitioners Vs 1 The Branch Manager, Tamil Nadu State Transport Corporation, Pudukkottai.
... Respondent/Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree dated 01.10.2021 in M.C.O.P. No.435 of 2019 on the file of the Motor Accident Claims Tribunal, Additional District Court, Pudukkottai. 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.GANAPATHI SUBRAMANIAN, Advocate for the Appellant and of MR.K.RAMAIAH, Advocate for the respondent, this Court doth order and decree as follows:-
(1) That the award passed by the Motor Accident Claims Tribunal, Additional District Court, Pudukkottai, dated 01.10.2021 made in M.C.O.P. No.435 of 2019 be and hereby is modified and the Civil Miscellaneous Appeal is Allowed.
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CMA(MD). No.877 of 2022
(2) That the appellants would be entitled to compensation of Rs. 28,32,000/- (Rupees Twenty Eight Lakhs and Thirty Two Thousand only) along with 5% interest;
(3) That the apportionment of compensation will be as per the Tribunal order and
(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS III) // True Copy // /04/2023 Sub Assistant Registrar(CS) TM To 1.The Motor Accidents Claims Tribunal / Additional District Court, Pudukkottai.
2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai. (2 COPIES).
+1 CC to M/s.P.GANAPATHI SUBRAMANIAN, Advocate ( SR-63350[F] dated 20/12/2022 ) +1 CC to M/s.K.RAMAIAH, Advocate ( SR-62864[F] dated 19/12/2022 ) ORDER DATED : 19/12/2022 ========================== DECREE ========================== CMA(MD). No.877 of 2022 Nature of Decree:- Allowing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 01.10.2021 in M.C.O.P. No.435 of 2019 on the file of the Motor Accident Claims Tribunal, Additional District Court, Pudukkottai.
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