Madras High CourtCMA(MD)/587/2017disposed of

Shajin v. Tnstc

2019-11-15Honourable Mr Justice Krishnan Ramasamy2 pages

CMA(MD). No.587 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Friday, the Fifteenth day of November Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMA(MD). No.587 of 2017 SHAJIN ..Appellant / Petitioner Vs Tamil Nadu State Transport Corporation, THROUGH ITS GENERAL MANAGER, RANITHOTTAM, NAGERCOIL.

..Respondent / Respondent Prayer:: Civil Miscellaneous Appeal filed under section 173 of the Motor Vehicles Act, 1988, against the award passed in MCOP No.672 of 2014, dated 06/12/2014 on the file of the Motor Accident Claims Tribunal, Special Subordinate Court, Tirunelveli. Order:

This Civil Miscellaneous Appeal coming on for hearing on this day; upon perusing the grounds of Appeal, the award of the Tribunal and the material papers to this case and upon hearing the arguments of Mr. T. Selvakumaran, Advocate for the Appellant and Mr. P. Prabhakaran, Advocate for the Respondent and this Court while allowing the Appeal in Part and enhancing the award of the tribunal below, doth order and decree as follows:-

1. That the award of the Tribunal below is enhanced from Rs.9,98,720/- (Rupees Nine lakhs Ninety eight thousand seven hundred and twenty only) to a sum of Rs.11,98,720/- (Rupees Eleven Lakhs Ninety eight thousand seven hundred and twenty only);

2. That the respondent herein/ Transport Company do deposit the entire award amount of Rs.11,98,720/- (Rupees Eleven Lakhs Ninety eight thousand seven hundred and twenty only) along with interest @ 7.5% per annum from the date of Claim Petition till the date of deposit, to the credit of MCOP No.672 of 2014 on the file of the Motor Accident Claims Tribunal, Special Subordinate Court, Tirunelveli, within a period of Eight weeks from the date of receipt of a copy of this Order, if not deposited already;

3.That on such deposit being made, the Tribunal is be and hereby directed to transfer the entire award amount directly to the personal savings Account Number of the Claimant by way of RTGS / NEFT system, after getting his Account details, within a period of three weeks thereafter; and https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.587 of 2017

4. That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) TO The Special Subordinate Court, Motor Accident Claims Tribunal, Tirunelveli.

+1 CC to Mr.P.PRABHAKARAN, Advocate ( SR-98799) +1 CC to Mr.T.SELVAKUMARAN, Advocate ( SR-99330) ORDER DATED 15.11.2019 DECREE C.M.A (MD). No. 587 of 2017 Allowing in part the Appeal preferred against the award passed in MCOP No.672 of 2014, dated 06/12/2014 on the file of the Motor Accident Claims Tribunal, Special Subordinate Court, Tirunelveli etc., as stated within.

VB(20.12.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2