Madras High Court
Tamil Nadu State Transport ... vs R.Venkatachalam on 7 September, 2022
C.M.A.(MD)No.1080 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.1080 of 2009
Tamil Nadu State Transport Corporation
(Kumbakonam) Ltd.,
rep. through its Managing Director,
Division II,
Trichy. ... Appellant/Respondent
Vs.
R.Venkatachalam ... Respondent/Petitioner
PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, 1988,
against the Judgement and award, dated 23.01.2009 made in M.C.O.P.No.
626 of 2006, on the file of the Motor Accident Claims Tribunal (III
Additional Sub Court), Trichy.
For Appellant : Mr. S. Royce Emmanuel
For respondent : No appearance
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1/5
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C.M.A.(MD)No.1080 of 2009
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellant /
Transport Corporation against the award, dated 23.01.2009, made in
M.C.O.P.No.626 of 2006, on the file of the Motor Accident Claims
Tribunal (III Additional Sub Court), Trichy.
2.The appellant / Transport Corporation is the respondent in
M.C.O.P.No.626 of 2006. The respondent/claimant filed a claim petition
before the Motor Accident Claims Tribunal (III Additional Sub Court),
Trichy, claiming a sum of Rs.2,00,000/- as compensation, for the injuries
sustained by him in the accident that occurred on 11.10.2005.
3. The Tribunal, considering the pleadings, oral and documentary
evidence, awarded a total sum of Rs.85,000/- as compensation.
4. Aggrieved against the Award passed by the Tribunal, the
appellant / Transport Corporation has filed the present Civil Miscellaneous
Appeal.
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C.M.A.(MD)No.1080 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 23.01.2009, made in
M.C.O.P.No.626 of 2006, on the Motor Accident Claims Tribunal (III
Additional Sub Court), Trichy. The appellant/Transport Corporation is
directed to deposit the entire award amount to the credit of M.C.O.P.No.
626 of 2006, on the Motor Accident Claims Tribunal (III Additional Sub
Court), Trichy, 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 eight weeks from the
date of receipt of a copy of this Judgment.
7. On such deposit being made, the respondent/claimant is entitled to
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C.M.A.(MD)No.1080 of 2009
withdraw the award amount, less the amount already withdrawn, if any,
with interest by making necessary application before the Tribunal. No
costs.
07.09.2022
Index :Yes/No
Internet :Yes/No
trp
To
1.The Motor Accident Claims Tribunal,
III Additional Sub Court, Tiruchirappalli,
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.1080 of 2009
A.A. NAKKIRAN, J.,
trp
C.M.A.(MD)No.1080 of 2009
07.09.2022
https://www.mhc.tn.gov.in/judis
