Madras High CourtCMA(MD)/947/2018partly allowed

The Managing Director, v. Malini,

2018-10-24Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Fourth day of October Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI C.M.A(MD)No.947 of 2018 The Managing Director, Tamil Nadu State Transport Corporation, Tirunelveli.

... Appellant/1st Respondent vs.

1.Malini 2.Malarmathy 3.Raja Karuppasamy (Died) 4.Lakshmi ... Respondents 1 to 4/ Petitioners 1 to 3 & 5 5.Duraipandi ...5th Respondent/2nd Respondent (R5 given up) Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988, against the award, made in M.C.O.P.No.13 of 2013, dated 11.09.2017, on the file of the Motor Accident Claims Tribunal (Sub Court), Sankarankovil.

DECREE:

This Civil Miscellaneous Appeal coming on for hearing on this day and upon perusing the grounds of Appeal, the award of the Tribunal and the material papers to this case and upon hearing the arguments of Mr.P.Prabhakaran, Advocate for the Appellant, and Mr.K.Sankar, Advocate for the respondent 1 to 4; while allowing the Appeal in part and reducing the award of the tribunal below, doth order and decree as follows:- 1.That the Appellant/ Transport Corporation do deposit the reduced award amount of Rs.10,99,792/-(Rupees Ten Lakh Ninety Nine Thousand Seven Hundred and Ninety Two only), with interest at the rate of 7.5% of per annum from 11.02.2013 till the date of realization and costs, less the amount already deposited, if any, to the credit of MCOP No.13 of 2013 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Sankarankovil, within a period of eight weeks from the date of receipt of a copy of this judgment; https://hcservices.ecourts.gov.in/hcservices/ 2.That on such deposit being made, the respondents 1 to 4 shall

withdraw their shares as per the ratio of apportionment made by the Tribunal by making necessary application before the Tribunal; and 3.That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-II) To The Subordinate Judge, The Motor Accident Claims Tribunal, Sankarankovil.

Copy to:

The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai. 2Copies • 1 CC TO Mr.P.PRABHAKARAN , ADVOCATE IN SR No.91372. • 1 CC TO Mr.K.SANKAR , ADVOCATE IN SR No.91490. AM DS RSK SAR2 25 01 2019 2P 6C ORDER DATED :24/10/2018 DECREE CMA(MD) No.947 of 2018 Allowing the Appeal in part preferred against the judgment and decree in MCOP No.13 of 2013, dated 11.09.2017 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Sankarankovil and etc., as stated within.

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