Madras High CourtCMA(MD)/329/2018partly allowed

The Managing Director v. Thirunavukarasu

2021-05-13Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

CMA(MD).No.329 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Thirteenth day of May Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CMA(MD).No.329 of 2018 The Managing Director, Tamil Nadu State Transport Corporation.

Periyamilaguparai, Trichy.

...Appellant/Respondent Vs Thirunavukarasu

...Respondent/Petitioner

Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, as against the award, dated 31/08/2017 passed by the Motor Accident Claims Tribunal (Special Sub Court), Thanjavur, in MCOP.No.511 of 2011.

DECREE:- This Civil Miscellaneous Appeal having come up for hearing on Friday the Nineteenth day of February 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 the Respondent did not appeared either in person or by an Advocate, and having stood over for consideration till this day and this court, while Allowing this Appeal in part and modifying the award passed by the tribunal below, and this court, doth order and decree as follows:- (1)That the award passed by the Motor Accident Claims Tribunal (Special Sub Court), Thanjavur, dated 31/08/2017 made in MCOP.No.511 of 2011 be and hereby is reduced to Rs.5,25,000/- from Rs.7,72,037/-.

(2)that the Appellant herein/Transport Corporation be and hereby is directed to deposit the modified award amount together with interest @ 7.5% p.a from the date of claim petition till the date of deposit, less the amount already deposited, within a period six weeks from the date of receipt of copy of this judgment. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD).No.329 of 2018 (3)that on such deposit being made, the Respondent herein/Claimant be and hereby is permitted to withdraw the entire amount without filing any formal petition before the tribunal. (4)that excess amount, if any shall be refunded to the Appellant herein/Transport Corporation.

(5)that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1.The Motor Accidents Claims Tribunal, Special Sub Court, Thanjavur.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2 copies) ORDER DATED : 13/05/2021 ========================== DECREE ========================== CMA(MD).No.329 of 2018 Nature of Decree:-While Allowing the Appeal in Part and Modifying the award passed by the tribunal below as against the against the award, dated 31/08/2017 passed by the Motor Accident Claims Tribunal (Special Sub Court), Thanjavur, in MCOP.No.511 of 2011, etc., as stated within.

kmv(CO) TR(11.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2