← Library
Madras High CourtCMA(MD)/621/2018ordered

The Managing Director v. Epson S/O.Susai Viyagulam

2019-10-16Honourable Mr Justice Krishnan Ramasamy2 pages

CMA(MD). No.621 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Sixteenth day of October, Two Thousand and Nineteen PRESENT The Honourable Mr.Justice KRISHNAN RAMASAMY CMA(MD). No.621 of 2018 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION, KUMBAKONAM LIMITED, KARAIKUDI, SIVAGANGAI DISTRICT.

... Appellant/Respondent Vs EPSON, W/O.SUSAI VIYAGULAM, MUKKAIYUR,SAYALKUDI, KADALADI TALUK, RAMANATHAPURAM DISTRICT ... Respondent/ Petitioner Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree of the Motor Accidents Claims Tribunal (Special Sub Court), Madurai dated 19.01.2018 made in M.C.O.P. No.674 of 2016.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this day, upon perusing the grounds of Appeal, the award of the Tribunal below and the material papers to the Appeal and upon hearing the arguments of MR.P.PRABHAKARAN, Advocate for the Appellant and of MR.V.SAKTHIVEL, Advocate for the Respondent and this Court while recording the submission made by the counsel for the Appellant that they have deposited 75% of the Award amount before the Tribunal below, doth order and decree as follows:-

(1) That the award and decree passed by the Motor Accident Claims Tribunal (Special Sub Court), Madurai, dated 19.01.2018 made in M.C.O.P. No.674 of 2016 be and hereby are confirmed and the Civil Miscellaneous Appeal is dismissed.

(2) That the Appellant/Transport Corporation do deposit the remaining Award amount along with interest at the rate of 7.5% p.a. from the date of accident till the date of deposit, within a period https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.621 of 2018 of 6 (six) weeks from the date of receipt of a copy of this judgment;

(3) That on such deposit being made, the Tribunal do transfer the Award amount to the respondent/Claimant's Bank Account directly through RTGS, within a period of three weeks thereafter;

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS III) // True Copy // / /2020 Sub Assistant Registrar(CS) TO The Special Subordinate Judge, Motor Accidents Claims Tribunal, Madurai.

Copy to:

The Section Officer, Vernacular Records Madurai Bench of Madras High Court, Madurai. ( 2 Copies) + 1 CC to M/s P.Prabhakaran, Advocate, Copy Appln. Sr. No. 92148/2019.

+1 CC to M/s V.Sakthivel, Advocate, Copy Appln. Sr. No.92221/2019. ORDER DATED : 16/10/2019 ========================== DECREE ========================== CMA(MD). No.621 of 2018 Nature of Decree:- Dismissing the Appeal preferred against the judgment and decree dt. 19.1.2018 in M.C.O.P.

No.674 of 2016 on the file of MACT/Special Sub Court, Madurai and giving directions etc.

KK/SAR/30.01.2020/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2