Madras High Court
Tamil Nadu State Transport ... vs Shanthi on 9 September, 2022
C.M.A(MD)No.1676 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
C.M.A(MD)No.1676 of 2013
and
M.P(MD) No.1 of 2013
Tamil Nadu State Transport Corporation,
Represented by its Managing Director,
Villupuram Limited,
3/137, Salaimedu,
Villupuram ... Appellant
vs.
Shanthi ... Respondent
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
Accidents Claims Tribunal in M.C.O.P.No.825 of 2012 dated 25.04.2013
on the file of the Motor Accident Claims Tribunal, First Additional
District Judge, (PCR Court), Thanjavur.
For Appellant : Mr.S.Royce Emmanuel
For Respondent : Mr.M.Karunanithi
1/5
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1676 of 2013
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellant /
Transport Corporation against the award, dated 25.04.2013, made in
M.C.O.P.No.825 of 2012, on the file of the Motor Accident Claims
Tribunal, First Additional District Judge (PCR Court), Thanjavur.
2. The appellant / Transport Corporation is the respondent in
M.C.O.P.No.825 of 2012. The respondent/claimant filed a claim petition
before the Motor Accident Claims Tribunal, First Additional District
Court (PCR Court), Thanjavur, claiming a sum of Rs.50,00,000/- as
compensation, for the injuries sustained by him in the road accident that
occurred on 16.05.2012.
3. The Tribunal, after considering the oral and documentary
evidences and arguments made on either side, partly allowed the claim
petition and awarded a sum of Rs.9,28,700/- with 7.5% interest per
annum as compensation to the claimant. Against which, the
appellant/Transport Corporation has filed this present appeal.
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C.M.A(MD)No.1676 of 2013
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 25.04.2013, made in
M.C.O.P.No.825 of 2012, on the file of the Motor Accident Claims
Tribunal, First Additional District Judge (PCR Court), Thanjavur. The
appellant/Transport Corporation is directed to deposit the entire award
amount to the credit of M.C.O.P.No.825 of 2012, on the file of the Motor
Accident Claims Tribunal, First Additional District Judge (PCR Court),
Thanjavur, 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.
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C.M.A(MD)No.1676 of 2013
6. On such deposit being made, the respondent/claimant is entitled
to withdraw the award amount, less the amount already withdrawn, if
any, with interest by making necessary application before the Tribunal.
No costs. Consequently, connected miscellaneous petition is closed.
09.09.2022
Index :Yes/No
Internet :Yes/No
cp
To
1.The Motor Accident Claims Tribunal,
First Additional District Judge, (PCR Court),
Thanjavur.
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.1676 of 2013
A.A.NAKKIRAN,J.
cp
JUDGMENT MADE IN
C.M.A(MD)No.1676 of 2013
09.09.2022
https://www.mhc.tn.gov.in/judis
