← Library
Madras High CourtCMP(MD)/5616/2019partly allowed

Kalyani, v. The Managing Director,

2020-07-29Honourable Mr Justice S.S. Sundar2 pages

CMP(MD) No.5616 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Ninth day of July Two Thousand Twenty PRESENT The Hon'ble Mr.Justice S.S.SUNDAR CMP(MD) No.5616 of 2019 IN CMA(MD) No.836 of 2018 1 KALYANI 2 MURUGANANDHAM ... PETITIONERS/RESPONDENTS 2&3 Vs 1 THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION, HAVING ITS OFFICE AT NEW RAILWAY STATION ROAD, KUMBAKONAM. 1st RESPONDENT/APPELLANT 2 PARAMESWARI ... 2nd RESPONDENT/1st RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioners to withdraw the 50% of the amount awarded in MCOP.No.135 of 2017 dated 24.08.2017 by the Learned Principal District Court cum Motor Accident Claims Tribunal, Thanjavur.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.RAJARAMAN, Advocate for the petitioners and of Mr.D.SIVARAMAN, Advocate on behalf of the 1st Respondent, the court made the following order:- This petition is filed to permit the petitioners to withdraw 50% of the amount awarded in M.C.O.P.No.135 of 2017, dated 24.08.2017 by the learned Principal District Judge (Motor Accidents Claims Tribunal), Thanjavur.

2.The petitioners are the parents of the deceased and as per the Award, each of the petitioners were given Rs.3,92,750/-. Though the learned Counsel for the first respondent/appellant submitted that there will be marginal reduction, if the appeal is allowed in favour of the Transport Corporation, this Court is of the view that the petitioners can be permitted to withdraw Rs.3,00,000/- for each https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.5616 of 2019 one of the petitioners. Therefore, this petition is partly allowed and the petitioners are permitted to withdraw Rs.3,00,000/- for each of the petitioners, out of the entire compensation, that was awarded by the Tribunal.

3.Post the main appeal during the 3rd week of August'2020. sd/- 29/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE CUM MOTOR ACCIDENT CLAIMS TRIBUNAL, THANJAVUR.

ORDER

IN CMP(MD) No.5616 of 2019 IN CMA(MD) No.836 of 2018 Date :29/07/2020 CMR TE/JC/SAR-II : 03/08/2020 : 2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2