Madras High CourtCMA(MD)/1337/2014partly allowed

K.Settu, v. Themanaging Director,

2022-01-11Honourable Mrs Justice S.Ananthi (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Eleventh day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMA(MD). No.1337 of 2014 K.SETTU ... Appellant/Petitioner Vs 1 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION LTD., KUMBAKONAM DIVISION II, PERIYAMILAGUPARAI, TRICHY-1.

... Respondent/Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to enhance the award amount passed in M.C.O.P.No.291 of 2004, dated 20.08.2008 on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Trichy. 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.VINoTH RAJ for MR.B.PRASANNA VINOTH, Advocate for the Appellant and of MR.A.BALAJI for MR.D.SIVARAMAN, Advocate for the respondent, this Court while allowing the Appeal in part, doth order and decree as follows:-

(1) That the the award amount passed in M.C.O.P.No.291 of 2004, dated 20.08.2008 on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Trichy be and hereby is enhanced from Rs.39,000/-(Rupees Thirty Nine Thousand only) to Rs.50,000/-(Rupees Fifty thousand only) with interest at the rate of 7.5% per annum.

(2) That the Respondent herein /Tamil Nadu State Transport Corporation Ltd., be and hereby is directed to deposit enhanced compensation award amount i.e. Rs.50,000/-(Rupees Fifty thousand only)less the amount already deposited, if any, together with interest at the rate of 7.5.% per annum from the date of claim https://hcservices.ecourts.gov.in/hcservices/ 1/2

petition till the date of deposit, to the credit of M.C.O.P.No.291 of 2004 on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Trichy within a period of two weeks from the date of rereipt of a copy of this order and;

(3) That on such deposit being made, the appellant/ claimant is entitled to withdraw the same by filing necessary application before the Tribunal; and

(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 cum Chief Judicial Magistrate, Trichy.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-1192 dated 11/01/2022 ) +1 CC to M/s.B.PRASANNA VINOTH, Advocate ( SR-1401 dated 12/01/2022 ) ORDER DATED 11.01.2022 DECREE C.M.A(MD). No.1337 of 2014 Allowing the Civil Miscellaneous Appeal Iin partly to enhance the award dated 20.08.2008 on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Trichy passed in M.C.O.P.No.291 of 2004 etc., as stated within.

KB(18.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2