Madras High Court
Tamil Nadu State Transport ... vs S.Ramalingam on 8 September, 2022
C.M.A(MD)No.1210 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
C.M.A(MD)No.1210 of 2009
Tamil Nadu State Transport Corporation Limited,
Represented through its Managing Director,
Coimbatore-641 043 ... Appellant
vs.
1.S.Ramalingam
2.R.Chamundeeswari
3.R.Chitra ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 amended by Motor Vehicles (Amendment) Act,
1994, to set aside the judgment and decree passed by the learned Motor
Accident Claims Tribunal, Additional District Sessions Court, (Fast
Track Court No.I), Madurai, in M.C.O.P.No.247 of 2007 dated
01.09.2008.
For Appellant : Mr.S.Royce Emmanuel
For Respondents : Mr.K.K.Ramakrishnan
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https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1210 of 2009
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellant /
Transport Corporation against the award, dated 01.09.2008, made in
M.C.O.P.No.247 of 2007, on the file of the Motor Accident Claims
Tribunal, Additional District Sessions Court (Fast Track Court No.1),
Madurai.
2. The appellant / Transport Corporation is the respondent in
M.C.O.P.No.247 of 2007. The respondents/claimants filed a claim
petition before the Motor Accident Claims Tribunal, Additional District
Sessions Court (Fast Track Court No.1), Madurai, claiming a sum of
Rs.3,00,000/- as compensation, for the death of Muthulakshmi in the
road accident that occurred on 12.06.2006.
3. The Tribunal, after considering the oral and documentary
evidences and arguments made on either side, allowed the claim petition
and awarded a sum of Rs.2,89,000/- with 7.5% interest per annum as
compensation to the claimants. Against which, the appellant/Transport
Corporation has filed this present appeal.
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C.M.A(MD)No.1210 of 2009
4. Today, when the matter was taken up for hearing, the learned
counsel appearing for the appellant / Transport Corporation submitted
that now, the appellant has not challenged the award passed by the
Tribunal and they concede that the Award passed by the Tribunal is just
and reasonable. Therefore, the award passed by the Tribunal may be
confirmed.
5. 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 01.09.2008, made in
M.C.O.P.No.247 of 2007, on the file of the Motor Accident Claims
Tribunal, Additional District Sessions Court (Fast Track Court No.1),
Madurai. The appellant/Transport Corporation is directed to deposit the
entire award amount to the credit of M.C.O.P.No.247 of 2007, on the file
of the Motor Accident Claims Tribunal, Additional District Sessions
Court, (Fast Track Court No.I), Madurai, 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 four weeks from the date of receipt of a copy of this
Judgment.
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C.M.A(MD)No.1210 of 2009
6. On such deposit being made, the respondents/claimants are
entitled to withdraw their respective shares with accrued interest and
costs, as apportioned by the Tribunal, less the amount already withdrawn,
if any, by making necessary application before the Tribunal. No costs.
08.09.2022
Index :Yes/No
Internet :Yes/No
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To
1.The Motor Accident Claims Tribunal,
Additional District Sessions Court,
(Fast Track Court No.I),
Madurai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1210 of 2009
A.A.NAKKIRAN,J.
cp
JUDGMENT MADE IN
C.M.A(MD)No.1210 of 2009
08.09.2022
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