Tamil Nadu State Transport v. Jeya
CMA(MD). No.326 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Ninth day of February Two Thousand Twenty Three PRESENT The Hon`ble Mrs.Justice R.THARANI CMA(MD) No.326 of 2018 and CRO.OBJ(MD) No.36 of 2022 TAMIL NADU STATE TRANSPORT CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR OFFICE AT NO.2 TRIVANDRUM ROAD, VANNARPETTAI, TIRUNELVELI.
Appellant/Respondent in CMA ... Respondent/Appellant/Respondent in CRO.OBJ Vs 1 JEYA 2 MINOR SAHIN 3 MINOR SATHISH (Minor Respondents 2 & 3 are represented through their mother and next guardian 1st Respondent herein ) ... 1-3 Respondents/Petitioners in CMA ... 1- 3 Cross Objectors/ Respondents/Petitioner in CROS.OBJ Prayer: CMA(MD) No.326 of 2018 This Civil Miscellaneous Appeal is filed under section 173 of the Motor Vehicle Act, 1988, to allow this appeal, set aside the award and decree made in MCOP No.1077 of 2015 dated 05.05.2017 on the file of the Motor Accident Claims Tribunal /Special Suboridinate court, Tirunelveli. Prayer: CRO.OBJ(MD) No.36 of 2022 This petition is filed under Order 41 Rule 22(1) of CPC., to allow the Cross Objection filed in CMA (MD) No.326 of 2018 to modify the ward passed in MCOP NO.
1077 of 2015 on the file of the Motor Accident Claims Tribunal /Special Subordidnate Judge, Tirunelveli dated 05.05.2017. DECREE:- This Civil Miscellaneous Appeal and Cross Objection having come up for final hearing on Tuesday, the Twentieth day of December, Two thousand and Twenty Two , 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 Appeallant in CMA/Respondent in Cross Objection, and of MR.V.SASIKUMAR, Advocate for 1st to 3rd Respondents in CMA/ Cros.Objector in Cros.Objection, and having stood over till this day for consideration while dismissing the Civil Miscellaneous Appeal and Partly Allowing the Cro.
objection this Court doth order and decree as follows:- 1)that the quantum of compensation awarded by the Tribunal is enhanced from Rs.15,92,969/- to Rs.16,47,269/- ( Rupees Sixteen Lakhs Fourty Seven Thousand Two Hundred and Sixty Nine Only ) which shall carry an interest of 7.
2)that the appellant herein/ Transport Corporation is directed to deposit the enhanced compensation amount i.e., Rs.16,47,269/- ( Rupees Sixteen Lakhs Fourty Seven Thousand Two Hundred and Sixty Nine Only ) ( less the amount already deposited) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and with cost to the credit of MCOP No.1077 of 2015 dated 05.05.2017 on the file of the Motor Accident Claims https://www.mhc.tn.gov.in/judis 1/2
CMA(MD). No.326 of 2018 Tribunal/ Special Subordinte Judge, Tirunelveli, within a period of eight weeks from the date of receipt of a copy of this order; 3)that on such deposit being made, the first respodent/ first claiments be and hereby is at liberty to withdraw a share of Rs.10,47,269/-(Rupees Ten Lakhs Forty Seven Thousand Two Hundred and Sixty Nine only ) with proportionate interest at the rate of 7.5 % and with cost, after following the due process of law, less any amount already received by her. 4)That the respodents/Claimants 2 and 3 (Minors ) are entitled to a share of Rs.3,00,000/- (Rupees Three Lakhs only ) each, with proportionate interest at the rate of 7.
5% which is ordered to be deposited in any one of the Nationalized Bank until they attain majority and the first respondent herein/first claimant is permitted to withdraw the interest directly from the bank once in three months in order to maintain the minors. The Claimants are not entitled for interest for the defaul period, if there is any. 5)That there be no order as to costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-III) // True Copy // /03/2022 Sub Assistant Registrar(CS) TO The Motor Accident Claims Tribunal/ Special Suboridinate court, Tirunelveli.
COPY TO The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.V.SASI KUMAR, Advocate ( SR-7227/2023 ) +1 CC to Mr.P.PRABHAKARAN, Advocate ( SR-7031/2023 ) Dated: 09.02.2023 ====================================== DECREE ====================================== CMA (MD) No.326 of 2018 & CROS.OBJ(MD) No.36 of 2022 Nature of Decree:
Dismissing the Civil Miscellaneous Appeal and Partly Allowing in Cro.obj preferred against the Judgement and Decree 05/05/2017 dated in MCOP.No.1077 of 2015 on the file of the Motor Accident Claims Tribunal / Special Subordinate Judge, Tirunelveli and giving directions etc. As stated therein.
RS (30.03.2023) 2P 6C https://www.mhc.tn.gov.in/judis 2/2