Madras High CourtCMA(MD)/456/2018disposed of

The Managing Director v. Minor K.Inbarasan

2021-06-08Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Tuesday, the Eighth day of June Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CMA(MD). No.456 of 2018 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION , KUMBAKONAM LTD KUMBAKONAM TOWN KUMBAKONAM TK THANJAVUR DT ...Appellant / Respondent Vs MINOR K.INBARASAN S/O.KUMARESAN, REP BY HIS MOTHER AND, GUARDIAN JOTHI, SINKINIPATTI VILLAGE,, MATHAGU PATTI PO, SIVAGANGAI TK, SIVAGANGAI DISTRICT

...Respondent / Petitioner

Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award of the Motor Accident Claims Tribunal, Subordinate Judge, Sivagangai in MCOP No.26 of 2014 dated 22.04.2016 DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Tuesday, the twenty third 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 of Mr.K.P.RAMESH, Advocate for the respondent, and having stood over for consideration till this date, while disposing of the Civil Miscellaneous Appeal, this Court doth order and decree as follows:-

(1) That the award of the tribunal is enhanced to Rs.1,94,000/- (One Lakh Ninty four thousand only) from Rs,1,29,500/-.

(2) That the interest rate of 7.5 % per annum awarded by the Tribunal is maintained.

(3) That the Appellant Transport Corporation is directed to deposit the modified award amount together with accrued interest and costs, less the amount already deposited, within a period of six weeks from the date of receipt of a copy of this judgment. https://hcservices.ecourts.gov.in/hcservices/

(4) On such compliance, the claimant is permitted to withdraw the modified amount, less the amount already withdrawn by filing necessary petition before the Tribunal.

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) To THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL.

SIVAGANGAI.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.K.P.RAMESH, Advocate ( SR-6931 dated 24/02/2021 ) ORDER DATED : 08/06/2021 ========================== DECREE ========================== CMA(MD). No.456 of 2018 Nature of Decree:- Disposing of the Civil Miscellaneous Appeal preferred against the award of the Subordinate Judge, Motor Accident Claims Tribunal, Sivagangai in MCOP No.26 of 2014 dated 22.04.2016 and etc., as stated therein KK(28.06.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/