Madras High CourtCMA(MD)/413/2018partly allowed

The Managing Director v. Arul Mani

2021-10-08Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Eighth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN AND The Hon`ble Mrs.Justice J.NISHA BANU CMA(MD). No.413 of 2018 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION , LIMITED HAVING OFFICE AT NO.2 TRIVANDRUM , ROAD VANNARAPETTAI TIRUNELVELI.

..Appellant / Respondent Vs 1 ARUL MANI W/O. POUNRAJ, NO.5/41, AMMAN KOIL STREET,, NORTH VAGAIKULAM, SOUTH VAGAIKULAM PO,, MANOOR TK, TIRUNELVELI DIST.

2 MINOR KAMESH S/O. POUNRAJ, NO.5/41, AMMAN KOIL STREET,, NORTH VAGAIKULAM, SOUTH VAGAIKULAM PO,, MANOOR TK, TIRUNELVELI DIST. REP BY THROUGH, MOTHER -R1..

3 MINOR VENISH S/O. POUNRAJ, NO.5/41, AMMAN KOIL STREET,, NORTH VAGAIKULAM, SOUTH VAGAIKULAM PO,, MANOOR TK, TIRUNELVELI DIST. REP BY THROUGH, MOTHER 1st Respondent. .. Respondents / Petitioners Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award of the Motor Accident Claims Tribunal, II Additional District Court, Tirunelveli made in MCOP No.1481 of 2016 dated 10.10.2017. 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.P.PRABHAKARAN, Advocate for the Appellant and of Mr.T.SELVAKUMARAN, Advocate for the respondents, while modifying the award of the Tribunal and Partly Allowing the Appeal, and this Court doth order and decree as follows:- https://hcservices.ecourts.gov.in/hcservices/

(1) That the award amount is reduced from Rs.38,33,465/- to Rs.27,28,465/- rounded off to Rs.27,30,000/- (Rupees Twenty seven Lakhs thirty thousand only).

(2) That the award amount is apportioned, as per the Judgment of the Tribunal.

(3) That the award amount already been deposited, the claimants (minor claimants become major) are permitted to withdraw the same.

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) To

1) The II Additional District Judge, Motor Accident Claims Tribunal, Tirunelveli.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.PRABHAKARAN, Advocate ( SR-31808 dated 08/10/2021 ) +1 CC to M/s.T.SELVAKUMARAN, Advocate ( SR-32019 dated 20/10/2021 ) ORDER DATED : 08/10/2021 ========================== DECREE ========================== CMA(MD). No.413 of 2018 Nature of Decree:- Partly Allowing the Civil Miscellaneous Appeal preferred against the award of the Motor Accident Claims Tribunal, II Additional District Court, Tirunelveli in MCOP No.1481of 2016 dated 10.10.2017 and etc., as stated therein RK/SKN(18/11/2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/