The Managing Director v. Dharmaraj
CMA(MD). No.821 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty First day of November Two Thousand and Nineteen PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMA(MD). No.821 of 2019 THE MANAGING DIRECTOR, Tamil Nadu State Transport Corporation Regional/Zonal Office (CBE) Tiruppur.
... Appellant/1ST Respondent Vs 1 Dharmaraj 2 Muthulakshmi 3 Nilavan (the 3rd respondent is not a necessary party, and given up).
... Respondents 1 to 3/Petitioners 4 V.Mythili 5 The Branch Manager New India Assurance Company Ltd, KRA Building Road, Market Road, Thiruvarur.
... Respondents 4 and 5/Respondents 2 & 3 Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award and decree made in M.C.O.P.No.1191 of 2017, dated 20.12.2018, on the file of the Motor Accident Claims Tribunal/Special District 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 of MR.N.TAMILMANI, ADVOCATE FOR R1 TO R3, MR.J.S.MURALI, ADVOCATE FOR R5, and NO APPEARANCE EITHER IN PERSON OR BY AN ADVOCATE FOR R4, and this Court doth order and decree as follows:-
(1) That the award passed by the Motor Accident Claims Tribunal/Special District Judge, Thanjavur, dated 20.12.2018 made in M.C.O.P.No.1191 of 2017, be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed.
(2)That both the Appellant Transport Corporation and the Insurance Company be and hereby is directed to deposit their respective award amount within a period of ten weeks from the date of receipt of a https://hcservices.ecourts.gov.in/hcservices/ 1/2
CMA(MD). No.821 of 2019 copy of this Judgement, less the amount already deposited, with 7.5% interest per annum, from the date of filing the claim petition till the date of realization.
(3) That since this Court has granted ten weeks time to the appellant transport Corporation to deposit the award amount in the appeals, any order of attachment passed by the Tribunal stands set aside, and in case, if the appellant transport Corporation or the Insurance Company failed to deposit the award amount, as directed by this Court, the claimants are at liberty to proceed to recover the award amount from transport Corporation as well as Insurance Company thereafter, in accordance with law.
(4) That the Tribunal be and hereby is directed to transfer the entire amount of the account of claimants, by way of RTGS, within a period of three weeks from the date of deposit and if the amount is already deposited, on receipt of a copy of this judgement, transfer the entire amount to the account of the claimants; And
(5) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) TO The Judge, The Motor Accident Claims Tribunal/Special District Court, Thanjavur 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-100415 +1 CC to Mr.N.TAMILMANI, Advocate, SR-100633 ORDER DATED :21/11/2019 DECREE (5/5) CMA(MD). No.821 of 2019 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the award and decree made in M.C.O.P.No.1191 of 2017, dated 20.12.2018, on the file of the Motor Accident Claims Tribunal/Special District Court, Thanjavur as stated within etc., https://hcservices.ecourts.gov.in/hcservices/ MK (26.12.2019) 2P 6C 2/2