Madras High CourtCMA(MD)/894/2014disposed of

Pandiammal, v. The M.D., Tnstc, Bye Pass Road

2021-11-09Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMA(MD). No.894 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( CIVIL APPELLATE JURISDICTION ) TUESDAY, THE NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HON`BLE MRS.JUSTICE S.ANANTHI CMA(MD). NO.894 OF 2014 1.PANDIAMMAL ... 1st Appellant/Petitioner No.1 2.P.KARTHIGAISAMY ... 2nd Appellant/Petitioner No.2 3.P.RAKKAMMAL ... 3rd Appellant/Petitioner No.3 Vs THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION, BYE PASS ROAD, MADURAI. ... Respondent/Respondent Prayer :- Civil Miscellaneous Appeal filed under section 173 of the Motor Vehicles Act, 1988 to set aside the Judgment dated 21/09/2012 in MCOP. NO.548 of 2009 on the file of the Motor Accident Claims Tribunal, District and Sessions Court, Communal Clash Cases 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 to the appeal and upon hearing the arguments of Mr.C. Jawahar Ravindran, advocate for the appellants and of Mr. P. Prabhakaran, advocate for the respondent, while partly allowing this Civil Miscellaneous Appeal, this court doth order and decree as follows:-

1) that the compensation awarded by the tribunal is enhanced from Rs.1,82,000/- to Rs.3,02,000/- with interest at the rate of 7.5% per annum.

2) that the appellants/claimants are directed to pay the court fee for the enhanced compensation amount.

3) that the respondent is directed to deposit the enhanced compensation amount i.e., Rs.3,02,000/- (less the amount already deposited), if any, 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.548 of 2009 on the file of the District and Sessions Court, Communal Clash Cases Court, Madurai within a period of six weeks from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.894 of 2014

4) that on such deposit being made, the appellants are at liberty to withdraw the same as per the order passed by the Tribunal after following due process of law.

5) that the apportionment granted by the Tribunal shall be kept intact.

6) that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The District and Sessions Judge, Motor Accident Claims Tribunal, Communal Clash Cases Court, Madurai.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1 CC to M/s.P. PRABHAKARAN, Advocate ( SR-33854 dated 09/11/2021 ) ORDER DATED : 09/11/2021 ========================== DECREE ========================== CMA(MD). No.894 of 2014 Nature of Decree:-Partly Allowed the Civil Miscellaneous Appeal preferred against the judgment and decree of the Motor Accident Claims Tribunal, District and Sessions Court, Communal Clash Cases Court, Madurai, passed in MCOP NO.548 of 2009, dated 21/09/2012, etc., as stated within.

NA(CO) GC(16.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2