Madras High CourtCMA(MD)/654/2019dismissed

S.Prakash v. R.Senthilkumar

2021-11-18Honourable Mrs Justice S.Ananthi (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Eighteenth day of November Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMA(MD)No.654 of 2019 and CMP(MD)No.8043 of 2019 S.PRAKASH ... APPELLANT/1ST RESPONDENT Vs 1.R.SENTHILKUMAR ... RESPONDENT NO.1/PETITIONER 2.B.SALEEM ... RESPONDENT NO.2/RESPONDENT NO.2 Prayer :- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the award and decree dated 21.03.2019 in MCOP.No.872 of 2015 on the file of the Motor Accident Claims Tribunal and Special Subordinate Court, Madurai.

Decree:- This Civil Miscellaneous Appeal came up for final hearing on this day, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers of the case and upon hearing the arguments of Mr.A.John Vincent, Advocate for the Appellant, Mrs.P.Yasmin Begum for R1, and Mr.K.Kumaravel, Advocate for the R2,this Court doth order and decree as follows:- i)that the Judgment and decree dt.21.03.2019 made in MCOP.No.

ii)that the Appellant and the Second Respondent be and hereby directed to deposit the compensation awarded by the Tribunal i.e., Rs.2,69,000/- (Rupees Two Lakhs Sixty Nine Thousand only) jointly and severally together with interest at the rate of 7.5% per annum (No interest is awarded for future Medical Expenses ie., Rs.40,000/) from the date of claim petition till the date of deposit to the credit of MCOP.No.872 of 2015 on the file of the Motor Accidents Claims Tribunal, Special Subordinate Court, Madurai, within a period of two weeks from the date of receipt of a copy of this order; iii)that on such deposit being made, the first respondent/claimant be and hereby is at liberty to withdraw the same after following due process of law;

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iv)that there be no order as to cost.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Special Subordinate Judge, Motor Accident Claims Tribunal, Madurai.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

+ 1 CC to M/s.A.JOHN VINCENT, Advocate, SR.No.34997 + 1 CC to M/s.P.YASMIN BEGUM, Advocate, SR.No.35099 ORDER DATED : 18/11/2021 ========================== DECREE ========================== CMA(MD)No.654 of 2019 and CMP(MD)No.8043 of 2019 Nature of Decree:- Dismissing the Civill Miscellaneous Appeal preferred against the Judgment and Decree dt.21.03.2019 made in MCOP.No.872 of 2015 on the file of the Motor Accident Claims Tribunal and Special Subordinate Court, Madurai.

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