Madras High CourtCMA(MD)/1146/2021partly allowed

The Managing Director, v. S. Sharmila,

2021-12-21Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMA(MD). No.1146 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Twenty First day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMA(MD). No.1146 of 2021 THE MANAGING DIRECTOR, Tamil Nadu State Transport Corporation Periyamilaguparai Trichirapalli.

... Petitioner/Appellant Vs S. Sharmila, ... Respondent/Respondent 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/ Special District Judge, Trichy, dated 24/03/2021 made in MCOP.No.867/2016.

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.M.Vishnuvarathanan, Advocate for the Appeallant and of Mr.M.Jerin Mathew, Advocate for the respondent and this Court doth order and decree as follows:-

(1) That the award passed by the Motor Accident Claims Tribunal/ Special District Judge, Trichy, dated 24/03/2021 made in MCOP.No.867/2016 be and hereby is reduced from Rs.1,00,750/- to Rs.69,750/- (Rupees Sixty ninen Thousand and seven hundered and fifty only ) and this Civil Miscellaneous Appeal is partly allowed.

(2) That the Appellant/Transport Corporation be and hereby is directed to deposit the Compensation amount awarded i.e.,Rs.69,750/ less the amount already deposited together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit to the credit of MCOP. No. 867 of 2016 on the file of the the Motor Accident Claims Tribunal/ Special District Judge, Trichy, within a period of six weeks from date of receipt of a copy the judgement herein;

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.1146 of 2021

(3) That on such deposit being made, the respondent herein/Claimant be and hereby is entitled to withdraw the same, by filing necessary application before the Tribunal.

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO The Motor Accident Claims Tribunal/ Special District Judge, Trichy.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies ORDER DATED : 21/12/2021 ========================== DECREE ========================== CMA(MD). No.1146 of 2021 Nature of Decree:- Partly allowing the Civil Miscellaneous Appeal by reducing the award passed by the Motor Accident Claims Tribunal/ Special District Judge, Trichy, dated 24/03/2021 made in MCOP.No.867/2016 sj(CO) TR(22.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2