Madras High CourtCMA(MD)/596/2016dismissed

The Managing Director v. Mariammal

2021-09-07Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Seventh day of September Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CMA(MD). No.596 of 2016 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION, KUMBAKONAM.

... Appellant/Respondent Vs Mariammal ... Respondent/Petitioner Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award and decree of the Motor Accident Claims Tribunal/ III Additional Sub Court, Tiruchirappalli, dated 06.12.2014 made in M.C.O.P. No. 434 of 2011. DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Tuesday, the Twenty fourth day of August Two Thousand and Twenty One, 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. N. SUDHAGAR NAGARAJ, Advocate for the respondent, having stood over for consideration till this day, this Court doth order and decree as follows:-

(1) That the award passed by the Motor Accident Claims Tribunal/ III Additional Sub Court, Tiruchirappalli, dated 06.12.2014 made in M.C.O.P. No. 434 of 2011 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed;

(2) That the Appellant/Transport Corporation be and hereby is directed to deposit Rs. 15,000/- (Rupees. Fifteen thousand only) along with interest at the rate of 7.5% p.a from the date of petition till the date of deposit with cost within a period of 8 weeks from the date of receipt of copy of the judgment, if not already deposited;

(3) That on such deposit being made, the Respondent herein/Claimant be and hereby is permitted to withdraw the entire award amount, after deducting amount, if any already received by her; https://hcservices.ecourts.gov.in/hcservices/

(4) That the Respondent herein/claimant be and hereby is not entitled for interest for the default period, if there is any default and

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

Trichirappalli.

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-28534 dated 08/09/2021 ) +1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate ( SR-28567 dated 08/09/2021 ) ORDER DATED : 07/09/2021 ========================== DECREE ========================== CMA(MD). No.596 of 2016 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the award and decree of the Motor Accident Claims Tribunal/ III Additional Sub Court, Tiruchirappalli, dated 06.12.2014 made in M.C.O.P. No. 434 of 2011.

RD(27.09.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/