The Managing Director v. G.Varadarajalu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Seventh day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMA(MD). No.1139 of 2014 THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION LTD. , COIMBATORE UNIT-II ERODE HEAD QUARTERS , SATHYAMANGALAM BRANCH ERODE DISTRICT..

... Appellant/Respondent 1 Vs 1 G.VARADARAJALU 2 D.VIJAYALAKSHMI 3 G.V. SAI MADU SUNDANAM ... Respondents Nos.1 to 3/ Petitiners 4 MR.R.RAJA, 5 NATIONAL INSURANCE COMPANY LTD, 56, GREAMS ROAD, CHENNAI-600 006..

... Respondents Nos.4 and 5/ Respondents Nos.2 and 3 Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the Motor Accidents Claims Tribunal/Sub court, Tiruchirappalli, dated 6.7.2006 made in M.C.O.P.No.2235 of 2004. 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.K.SUDALAIYANDI, Advocate for the Appeallant and of V.KARTHIKEYAN ,Advocate FOR RESPONDENTS 1 TO 3, S.SRINIVASA RAGAVAN FOR RESPODNTS 5, and none appeared either in person or by an Advocate for Respondents 4, and allowing partly this Civil Miscellaneous Appeal, this Court doth order and decree as follows:- 1/3

(1) That the award amount of Rs.9,65,000/-(Rupees Nine Lakhs Sixty five Thousand only) passed by the Sub court, Tiruchirappalli, dated 6.7.2006 made in M.C.O.P.No.2235 of 2004. be and hereby is reduced to Rs.8,69,000/- rupees (eight lakhs sixtynine thousand) Only

(2) That Claimants are entitled to get Rs.8,69.000/-(Rupees Eight Lakhs sixtynine thousand only) with interest at 7.5% p.a.from the date of claim petition till the date of realization.

(3) That the appellant be and hereby is directed to deposit the award amount within a period of four weeks from the date fo receipt of a copy of this order.

(4) That on such deposit, the claimants be and are hereby entitled to withdraw their respective shares as per the order of the tribunal .

(5) That till such deposit is made by the appellant within four weeks,E.P. shall not be pressed by the claimants.

(6) 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 Accidents Claims Tribunal, The Sub court, Tiruchirappalli Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s .K.Sudalaiyandi ,Advocate.Sr.No.37694 +1 CC to M/s S.Srinivasaragavan.Advocate.Sr.No.37699 +1 CC to M/S/V.Karthikeyan.Advocate.Sr.No.38033 ORDER DATED : 07/12/2021 ========================== DECREE ========================== CMA(MD). No.1139 of 2014 2/3

Nature of Decree:- Allowing partly the Civil Miscellaneous Appeal preferred against the judgment and decree of the Motor Accidents Claims Tribunal/Sub court, Tiruchirappalli, dated 6.7.2006 made in M.C.O.P.No.2235 of 2004.

KB(09.02.2022) 3P 7C 3/3