The Managing Director v. Dhanalakshmi
CMA(MD)No.803 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY CMA(MD)No.803 of 2019 and CMP(MD)No.10432 of 2019 The Managing Director, Tamil Nadu State Transport Corporation Division -I Bye pass Road, Madurai.
... Appellant/1st Respondent versus
1. Dhanalakshmi
...Respondents 1 and 2/Petitioners
2. Minor D.Suvathi (The Minor 2nd Respondent is represented by her mother and natural guardian-the first respondent herein)
3. A.Malaisamy
4. M.Santhi ... Respondents 3 and 4/Respondents 2 and 3 Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 22.04.2015 made in M.C.O.P.No.93 of 2013 on the file of the Motor Accident Claims Tribunal (Special District Court for MCOP cases), Madurai. For Appellant :
M/s.P.Prabhakaran
JUDGMENT
One M.Durai Kannan, aged about 28 years, working as a Driver and earning a sum of Rs.12,000/- p.m., met with an accident on 01.02.2009 and succumbed to the injuries sustained by him, for which, his legal heirs filed a petition before the Motor Accident Claims Tribunal (Special District Court for MCOP cases), Madurai, in M.C.O.P.No.93 of 2013, claiming compensation of Rs.20,00,000/-. The Tribunal, after considering the oral and documentary evidence, has awarded a sum of Rs.8,80,000/-, which is payable by the Transport Corporation, along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit. Aggrieved over the same, the Transport Corporation has filed the present Civil Miscellaneous Appeal.
2. Today, when the appeal came up for hearing, the learned counsel appearing for the appellant submitted that the present appeal has been filed challenging the quantum of compensation. However, he submits that considering the fact that cost of living has been increasing day-by-day, as of now, the award passed by the Tribunal seems to be reasonable and hence, the compensation awarded by the Tribunal may be confirmed.
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CMA(MD)No.803 of 2019
3. In view of the submission made by the learned counsel appearing for the appellant, the award dated 22.04.2015 made in M.C.O.P.No.93 of 2013 on the file of the Motor Accident Claims Tribunal (Special District Court for MCOP cases), Madurai, is hereby confirmed and the Civil Miscellaneous Appeal is dismissed accordingly.
4. The appellant Transport Corporation is directed to deposit the entire award amount along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the Tribunal shall transfer the major claimant's share amount (as per the apportionment made in M.C.O.P.No.93 of 2013) to her Bank Account directly through RTGS, within a period of three weeks thereafter. The share of the minor claimant/2nd respondent shall be deposited in any one of the Nationalized Banks till she attains majority in a Fixed Deposit re-investment scheme and the interest accrued thereon shall be payable to her mother, viz.
1st claimant/1st respondent, once in six months by the Bank directly under intimation to the Tribunal. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) ogy To The Special District Judge, Special District Court for MCOP cases, Madurai.
Copy to The Section Officer Vernacular Section Madurai Bench of Madras High Court, Madurai-2 copies +1 CC to Mr.P.PRABHAKARAN, Advocate ( SR-97201[F] dated 11/11/2019 ) C.M.A.(MD)No.803 of 2019 08.11.2019 KM/(23.01.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2