Madras High CourtCMA(MD)/618/2014partly allowed

The Managing Director v. A.Karunanidhi

2022-01-19Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMA(MD). No.618 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Nineteenth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMA(MD). No.618 of 2014 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LIMITED AT KARAIKUDI.

... APPELLANT/1ST RESPONDENT Vs 1.A.KARUNANIDHI ... 1ST RESPONDENT/PETITIONER 2.SELVARANI ... 2ND RESPONDENT/2ND RESPONDENT 3.ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, KRISHNARAYAR TANK ROAD, MADURAI.

... 3RD RESPONDENT/3RD RESPONDENT Prayer :- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the Judgment and Decree dated 21.07.2012 in M.C.O.P.No.511 of 2010 on the file of the Motor Accidents Claims Tribunal, IV Additional Subordiante Court, Madurai. Decree: This Civil Miscellaneous Appeal coming for final hearing and upon perusing the grounds of Appeal, the order of the Tribunal and the material papers of the Appeal and upon hearing the arguments of Mr.A.Balaji, Advocate for Mr.D.Sivaraman, Advocate for the Appellant, Mr.M.P.Senthil, Advocate for the 1st Respondent, Mr.M.Jerin Mathew, Advocate for the 3rd Respondent and 2nd Respondent not appeared either in person or by Advocate, this Court doth order and decree as follows:- i)That the award made in M.C.O.P.No.511 of 2010 dated 21.07.2012 by the Motor Accidents Claims Tribunal, IV Additional Subordiante Judge, Madurai, be and is hereby set aside and the Civil Miscellaneous Appeal is partly allowed;

ii)That the Appellant/Transport Corporation and the Third respondent/Insurance Company are directed to deposit the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.618 of 2014 compensation awarded by the Tribunal i.e., Rs.2,10,000/- in the ratio of 70:30 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.511 of 2010 on the file of the Motor Accident Claims Tribunal, IV Additional Subordinate Court, Madurai, within a period of six weeks from the date of receipt of a copy of this order;

ii)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; and iii)That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO The IV Additional Subordinate Judge, Madurai.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai +1 CC to Mr.D.SIVARAMAN, Advocate SR.No. 1784 ORDER DATED : 19/01/2022 ========================== DECREE ========================== CMA(MD).No.618 of 2014 Nature of Decree:- Partly Allowing the Civil Miscellaneous Appeal preferred to set aside the Judgment and Decree dated 21.07.2012 passed in MCOP.No.511 of 2010 on the file of the Motor Accident Claims Tribunal, IV Additional Subordiante Judge, Madurai, as stated within.

KS(CO) TR(04.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2