Tamil Nadu State Transport v. Nalini

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Sixth day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CMA(MD). No.540 of 2016 TAMIL NADU STATE TRANSPORT CORPORATION LTD.

KUMBAKONAM REP BY ITS , MANAGING DIRECTOR KUMBAKONAM THANJAVUR DISTRICT.

... Appellant/Respondent Vs 1 NALINI 2 HARI PRASATH 3 KEERTHANA 4 SAROJA ... Respondents/Petitioners Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the learned Motor Accident Claims Tribunal/ II Additional District Court Thanjavur dated 16.09.2015 made in M.C.O.P.No.1325 of 2014 DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Thursday the Twenty Eighth day of October Two Thousand and Twenty one and 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.P.Prabhakaran Advocate for the Appellant and of Mr.K.Gnana Sekaran, Advocate for the respondents, having stood over consideration by this Court till date while allowing the appeal in part, doth order and decree as follows:-

(1) That the award passed by the Motor Accident Claims Tribunal/II Additional District Court, Thanjavur, dated 16.09.2015 made in M.C.O.P.No.1325 of 2014 , be and hereby is modified by reducing the award amount from Rs.17,46,000/- to Rs.12,86,800/- (Rupees Twelve Lakhs Eighth six Thousand and Eight Hundred only)

(2) That the Appellant/Transport Corporation herein be and hereby is directed to deposit the award amount of Rs.12,86,800/- (Rupees Twelve Lakhs Eighth six Thousand and Eight Hundred only) with 7.5% interest from the date of claim petition till the date of realization with cost, within a period of 8 weeks from the date of receipt of copy of this judgment.

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(3) That on such deposit being made, the Respodents/claimants be and are hereby permitted to withdraw the award amount with the interest after deducting any amount received them earlier.

(4) That the claimant is not entitled for interest for the default period if there is any.

(5) That excess amount if any deposited shall be refunded to the appellant.

(6)That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) TO The Motor Accident Claims Tribunal/ II Additional District Judge, Thanjavur.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.P.PRABHAKARAN, Advocate ( SR-37551 dated 07/12/2021 ) +1 CC to M/s.K.GNANASEKARAN, Advocate ( SR-37821 dated 08/12/2021 ) ORDER DATED : 06/12/2021 ========================== DECREE ========================== CMA(MD). No.540 of 2016 Nature of Decree:- Allowing the Civil Miscellaneous Appeal in part preferred against the judgment and decree of the Motor Accident Claims Tribunal/II Additional District Court, Thanjavur dated 16.09.2015 made in M.C.O.P.No.1325 of 2014 and etc as stated within.

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