Tamil Nadu State Transport ... vs Kumar
2022 Latest Caselaw 14986 Mad

                                                                              C.M.A.(MD)No.1106 of 2009


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 07.09.2022
                                                         CORAM:
                                  THE HONOURABLE MR.JUSTICE A.A. NAKKIRAN

                                          C.M.A.(MD)No.1106 of 2009 and
                                  MP(MD).No.2 of 2009 and CMP(MD).No.8209 of 2016


                    Tamil Nadu State Transport Corporation
                    rep. by its Managing Director,
                    Kancheepuram,
                    Villupuram                                      ... Appellant/Respondent


                                                            Vs.


                    Kumar                                          ... Respondent/Petitioner

                    PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, 1988,
                    against the Judgement and award, dated 04.08.2008 made in M.C.O.P.No.
                    242 of 2007, on the file of the Motor Accident Claims Tribunal, Sub
                    Court, Kulithalai.


                                     For Appellant            : Mr. S. Royce Emmanuel
                                     For respondent           : Mr.T.M.Hariharan

                                                          *****




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https://www.mhc.tn.gov.in/judis
                                                                          C.M.A.(MD)No.1106 of 2009


                                                   JUDGMENT

This Civil Miscellaneous Appeal has been filed by the

appellant / Transport Corporation against the award, dated 04.08.2008,

made in M.C.O.P.No.242 of 2007, on the file of the Motor Accident

Claims Tribunal / Sub Court, Kulithalai.

2.The appellant / Transport Corporation is the respondent in

M.C.O.P.No.242 of 2007. The respondent/claimant filed a claim petition

before the Motor Accident Claims Tribunal Sub Court, Kulithalai, claiming

a sum of Rs.10,00,000/- as compensation, for the injuries sustained by him

in the accident that occurred on 29.04.2007.

3. The Tribunal, considering the pleadings, oral and

documentary evidence, awarded a total sum of Rs.1,01,600/- as

compensation.

4. Aggrieved against the Award passed by the Tribunal, the

appellant / Transport Corporation has filed the present Civil Miscellaneous

Appeal.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1106 of 2009

5. Today, when the matter was taken up for hearing, the

learned counsel appearing for the appellant / Transport Corporation

submitted that the appellant concedes with the Award passed by the

Tribunal and he is not willing to proceed with the appeal.

6. .In view of the said submission made by the learned counsel

for the appellant / Transport Corporation, the Civil Miscellaneous Appeal

is dismissed by confirming the Award, dated 04.08.2008, made in

M.C.O.P.No.242 of 2007, on the file of the Motor Accident Claims

Tribunal / Sub Court, Kulithalai. The appellant/Transport Corporation is

directed to deposit the entire award amount to the credit of M.C.O.P.No.

242 of 2007, on the file of the Motor Accident Claims Tribunal / Sub

Court, Kulithalai, less the amount already deposited, if any, along with

interest at the rate of 7.5% per annum from the date of petition till date of

realization and proportionate costs, within a period of six weeks from the

date of receipt of a copy of this Judgment.

7. On such deposit being made, the respondent/claimant is entitled to

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1106 of 2009

withdraw the award amount with interest by making necessary application

before the Tribunal. No costs. Consequently, the connected Miscellaneous

Petitions are closed.

                                                                                    07.09.2022
                    Index         :Yes/No
                    Internet      :Yes/No
                    trp


                    To

1. The Motor Accident Claims Tribunal, Sub Court, Kulithalai.

2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1106 of 2009

A.A. NAKKIRAN, J.,

trp

C.M.A.(MD)No.1106 of 2009 and MP(MD).No.2 of 2009 and CMP(MD).No.8209 of 2016

07.09.2022

https://www.mhc.tn.gov.in/judis