Madras High CourtCMA(MD)/220/2019partly allowed

The Managing Director, v. Gandhi,

2021-11-23Honourable Mrs Justice S.Ananthi (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Third day of November Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMA(MD). No.220 of 2019 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION, RAILWAY STATION ROAD KUMBAKONAM.

... Appellant/2nd Respondent Vs 1 GANDHI 2 TAMILSELVI ... Respondents/petitioner, 1st Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the Award and decree dated 07.11.2017 made in M.C.O.P. No.1145 of 2015 on the file of the Motor Accident Claims Tribunal/Special Sub Court, Thanjavur. 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.Prabhakaran, Advocate for the Appellant and the respondents had not appear either in person or by an Advocate, this Court doth order and decree as follows:-

(1) That the award passed by the Motor Accident Claims Tribunal/ Special Sub Court, Thanjavur, dated 07.11.2017 made in M.C.O.P. No.1145 of 2015 be and hereby is modified and the Civil Miscellaneous Appeal is allowed in part.

(2) That the first respondent Claimant herein be and hereby is entitled to get Rs. 4,91,690/- (Rupees Four Lakhs Ninety one Thousand six hundred and ninety) with interest at the rate of 7.5% p.a, as awarded by Tribunal, from the date if claim petition till the date of realization;

(3)that all the other terms of tribunal be and hereby is confirmed; https://hcservices.ecourts.gov.in/hcservices/

(4) that the Appellant Transport Corporation herein be and hereby is directed to deposit the award amount within a period of four weeks from the date of receipt of copy of this order.

(5) That on such deposit being made, the first respondent herein/ claimant be and hereby is permitted to withdraw the same, by filling necessary application before the Tribunal.

(6) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) To The Special Sub Judge, MOTOR ACCIDENT CLAIMS TRIBUNAl.

Thanjavur.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s. P. PRABHAKARAN, Advocate ( SR-35705 dated 24/11/2021 ) ORDER DATED : 23/11/2021 ========================== DECREE ========================== CMA(MD). No.220 of 2019 Nature of Decree:- Partly allowing the Civil Miscellaneous Appeal preferred against the the Award and decree dated 07.11.2017 made in M.C.O.P. No.1145 of 2015 on the file of the Motor Accident Claims Tribunal/Special Sub Court, Thanjavur.

MGJ(03.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/