The Divisional Manager v. P.Gangadevi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Fourth day of October Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMA(MD). No.1412 of 2013 THE DIVISIONAL MANAGER HIGHWAYS T.N.A.D.P. DIVISION MADURAI - 2 ... Appellant Vs 1 P.GANGADEVI 2 P.ILAYA RAJA 3 P.MUTHU GANESAN ... Respondents Prayer:- Civil Miscellaneous Appeal against the order of the Motor Accidents Claims Tribunal cum Additional District Court (Fast Track Court No.2), Madurai dated 09.12.2011 made in MCOP.1015/2009. DECREE:- This Appeal coming for hearing on this day, upon perusing the grounds of Appeal, the order of the Lower Court, and upon hearing the arguments of MR.J.GUNASEELAN MUTHIAH, Additional Government Pleader for the appellant and MR.C.JEGANATHAN, Advocate for M/S.VEERA ASSO. For the respondents, and this Court doth order and decree as follows:-

(1) That the award passed by the Motor Accidents Claims Tribunal cum Additional District Court (Fast Track Court No.2), Madurai dated 09.12.2011 made in MCOP.1015 of 2009, be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed.

(2) That the Appeallant be and hereby is directed to deposit the entire awarded amount of Rs,7,37,000/- (Rupees Seven Lakhs and Thirty Seven Thousand only) to the credit of respective MCOP No.1015 of 2009 on the file of the Motor Accident Claims Tribunal Cum Additional District Court (Fast Track Court No.2), Madurai, Less the amount already deposited, if any. Alongwith interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and cost within a period of eight Weeks from the date of receipt of a copy of Judgment.

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(3) That on such deposit being made, the respondents for claimants be and hereby is entitled to withdraw their respective shares as per the ratio of the Apportionment fixed by the Tribunal with interest and cost by making necessary application before the Tribunal.

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar TO The Motor Accidents Claims Tribunal Cum Additional District Court (Fast Track Court), MADURI Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.SPL GP ( SR-88727 dated 04/10/2018 ) ORDER DATED : 04/10/2018 ========================== DECREE ========================== CMA(MD). No.1412 of 2013 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal against the order of the Motor Accidents Claims Tribunal Cum Additional District Court (Fast Track Court No.2), Madurai, dated 09/12/2011 made in MCOP.1015/2009.

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