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Madras High CourtCMA(MD)/165/2019dismissed

The Managing Director, v. Sharmila Banu,

2022-02-08Honourable Mr Justice Rmt. Teekaa Raman2 pages

CMA(MD). No.165 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Eighth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CMA(MD). No.165 of 2019 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION, MADURAI DISTRICT..

... Appellant/Respondent Vs 1 SHARMILA BANU 2 PAZIL MOHAMED(R1 & R2 are declared as major and discharged from the guardian of their grand-mothervide Court order dated 09.07.2020 & 07.12.2021) 3 M.AMEENA BIVI ... Respondents/Petitioners Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the Motor Accident Claims Tribunal/VI Additional District Judge, Madurai, dated 28.04.2017 made in MCOP.No.2401 of 2015. DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the award of the Tribunal and the material papers to the Appeal and upon hearing the arguments of MR.P.PRABHAKARAN, Advocate for the Appellant and of MR.VINOTH FOR MR.M.SARAVANAN, Advocate for the Respondents and by virtue of the interim order granted by this Court dated 07.03.2019, the Appellant Transport Corporation has already deposited 50% of the award amount, this Court doth order and decree as follows:-

(1) That, the award passed by the Motor Accident Claims Tribunal/VI Additional District Judge, Madurai, dated 28.04.2017 made in MCOP.No.2401 of 2015 be and hereby confirmed and the Civil Miscellaneous Appeal dismissed;

(2) that, the Appellant/Transport Corporation be and hereby is directed to deposit the balance 50% of amount awarded by the Tribunal, to the credit of MCOP.No.2401 of 2015 on the file of the Motor Accident Claims Tribunal/VI Additional District Judge, Madurai https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.165 of 2019 within a period of 12 weeks from the date of receipt of copy of this Judgment;

(3) that, on such deposit being made, the Respondents/Claimants be and are hereby permitted to withdraw the award amount after making necessary application before the Tribunal and

(4) that, there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TO The Motor Accident Claims Tribunal/VI Additional District Judge, Madurai Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.P.PRABHAKARAN, Advocate (SR-4945) +1 CC to Mr.R.SUBRAMANIAN, Advocate (SR-4954) ORDER DATED : 08/02/2022 ========================== DECREE ========================== CMA(MD). No.165 of 2019 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the award of the Motor Accident Claims Tribunal/VI Additional District Judge, Madurai, dated 28.04.2017 made in MCOP.No.2401 of 2015 and etc., as stated within.

KB(02.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2