The Managing Director vs Sarveshvikram
2021 Latest Caselaw 5362 Mad

                                                                            C.M.A.No.580 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 01.03.2021

                                                       CORAM:

                               THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                              C.M.A. No.580 of 2021
                                            and C.M.P.No.3583 of 2021

                    The Managing Director,
                    M/s.Tamil Nadu State Transport Corporation,
                    Division I, Head Office,
                    Kumbakonam.                                                    .. Appellant

                                                         Vs.

                    Sarveshvikram                                                .. Respondent


                    Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor

                    Vehicles Act, 1988, against the judgment and decree dated 08.05.2019, made

                    in M.C.O.P. No.7 of 2009, on the file of the Chief Judicial Magistrate, (Motor

                    Accident Claims Tribunal), Namakkal.


                                       For Appellant      : Mr.D.Venkatachalam



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                                                                            C.M.A.No.580 of 2021

                                                 JUDGMENT

This Civil Miscellaneous Appeal has been filed by the appellant-

Transport Corporation to set aside the award dated 08.05.2019, made in

M.C.O.P. No.7 of 2009, on the file of the Chief Judicial Magistrate, (Motor

Accident Claims Tribunal), Namakkal.

2.This Court, by the judgment dated 14.07.2020, made in

C.M.A.No.3458 of 2019 filed by the respondent/claimant against the

appellant-Transport Corporation, already confirmed the negligence fixed on

the driver of the Bus belonging to the appellant-Transport Corporation and the

compensation awarded to the respondent by the award of the Tribunal dated

08.05.2019, made in M.C.O.P. No.7 of 2009.

3.In view of the same, this appeal filed by the appellant-Transport

Corporation is dismissed and the amount awarded by the Tribunal at

Rs.2,82,800/- together with interest at the rate of 7.5% per annum from the

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http://www.judis.nic.in C.M.A.No.580 of 2021

date of petition till the date of deposit is confirmed. The appellant-Transport

Corporation is directed to deposit a sum of Rs.2,54,520/-, being 10% of the

award amount along with interest and costs, less the amount already

deposited, within a period of twelve weeks from the date of receipt of a copy

of this judgment, to the credit of M.C.O.P. No.7 of 2009. On such deposit, the

respondent is permitted to withdraw the award amount, along with interest

and costs, after adjusting the amount, if any, already withdrawn, by filing

necessary applications before the Tribunal. Consequently, connected

Miscellaneous Petition is closed. No costs.

01.03.2021

Index : Yes/No Speaking Order : Yes/No gsa

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http://www.judis.nic.in C.M.A.No.580 of 2021

V.M.VELUMANI, J.,

gsa

To

1.The Chief Judicial Magistrate, (Motor Accident Claims Tribunal), Namakkal.

2.The Section Officer, V.R Section, High Court, Madras.

C.M.A. No.580 of 2021

01.03.2021

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