Madras High CourtCMA(MD)/516/2016dismissed

The Managing Director, v. Panchali

2021-09-16Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Sixteenth day of September Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN AND The Hon`ble Mrs.Justice J.NISHA BANU CMA(MD). No.516 of 2016 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION, MARUTHUPATHY, KARAIKUDI, SIVAGANGAI DISTRICT. ... Appellant/1st Respondent Vs 1 PANCHALI 2 NARAYANASAMY 3 SAKUNTHALA 4 BASKARAN 5 PUNITHA 6 VANITHA 7 ANAND 8 MINOR.MENAKA (MINOR RESPONDENT IS REPRESENTED THROUGH HER MOTHER AND NTURAL GUARDIAN OF THE FIRST RESPONDENT) ... Respondents 1 to 8/Petitioners 1 to 8 9 PANNEERSELVAM ... Respondent No.9/ Respondent No.2 10 THE BRANCH MANAGER, Oriental Insurance Company Ltd., Keelaraja Veedhi, Pudukkottai.

... Respondent No.10/ Respondent No.3 Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award and decree made in M.C.O.P. No. 33 of 2010 dated 29.06.2012 on the file of the Motor Accident Claims Tribunal, Additional District and Sessions Judge, Pudukkottai.

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. D.SIVARAMAN, Advocate for the Appellant and of MS.AJITHA, Legal Aid Advocate for the respondents 1 to 8, MR. C.JAWAHAR RAVINDRAN, Advocate for the 10th respondent,the 9th respondent has not appeared either in person or by an Advocate and https://hcservices.ecourts.gov.in/hcservices/

the standing counsel for the appellant herein/Transport Corporation submitted that the entire award amount had already been deposited and the same had been withdrawn by the Respondents 1 to 8/Claimants, be and hereby is recorded,this Court doth order and decree as follows:-

(1) That the award passed by the Motor Accident Claims Tribunal, Additional District and Sessions Judge, Pudukkottai, dated 29.06.2012 made in M.C.O.P. No. 33 of 2010 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed.

(2) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) To The Additional District and Sessions Judge, MOTOR ACCIDENT CLAIMS TRIBUNAl.

Pudukkottai.

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-29520 dated 17/09/2021 ) ORDER DATED : 16/09/2021 ========================== DECREE ========================== CMA(MD). No.516 of 2016 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the award and decree made in M.C.O.P. No. 33 of 2010 dated 29.06.2012 on the file of the Motor Accident Claims Tribunal, Additional District and Sessions Judge, Pudukkottai.

RD(27.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/