The Managing Director vs Samudhayamani
2023 Latest Caselaw 14421 Mad

Madras High Court

The Managing Director vs Samudhayamani on 21 November, 2023

                                                                         C.M.A.(MD)No.1167 of 2011


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 21.11.2023

                                                   CORAM:

                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                         C.M.A.(MD)No.1167 of 2011
                                                      and
                                            M.P.(MD)No.1 of 2011



                    The Managing Director,
                    Tamil Nadu State Transport
                     Corporation,
                    Kumbhakonam Division (IV),
                    Pudhukottai.                                          ... Appellant


                                                      Vs.


                    1.Samudhayamani

                    2Jothimuthu                                           ... Respondents


                    PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                    Motor Vehicles Act, 1988, to set aside the Judgment and Decree passed in
                    M.C.O.P.No.28 of 2010 dated 09.12.2010 on the file of the Motor Accident
                    Claims Tribunal, Devakottai.




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https://www.mhc.tn.gov.in/judis
                                                                             C.M.A.(MD)No.1167 of 2011




                                          For Appellant     : Mr.S.C.Herold Singh

                                          For R-1           : Mr.S.Manikandan




                                                     JUDGMENT

This Civil Miscellaneous Appeal is filed to set aside the Judgment

and Decree passed in M.C.O.P.No.28 of 2010 dated 09.12.2010 on the file

of the Motor Accident Claims Tribunal, Devakottai.

2. Heard, the learned Counsel appearing for the appellant and the

learned Counsel appearing for 1st respondent and perused the materials

available on record.

3. The learned Counsel appearing for the appellant has submitted

that the Tribunal has passed an award amount of Rs.4,51,318/- (Rupees

Four Lakhs Fifty One Thousand Three Hundred and Eighteen only). The

entire amount has already been deposited by the Insurance Company to the

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credit of M.C.O.P.No.28 of 2010 on the file of the Motor Accident Claims

Tribunal, Devakottai. The amount of Rs.1,76,018/- (Rupees One Lakh

Seventy Six Thousand and Eighteen only) has already been received by the

claimants towards the medical expenditure.

4. On critical perusal of the entire award, it is made clear that the

Tribunal has rightly assessed the oral and documentary evidence and

arrived at the just and reasonable compensation. In view of the same, this

Court is of the considered opinion that it is not necessary to interfere with

the award passed by the Tribunal and the same is hereby confirmed.

Accordingly, this Civil Miscellaneous Appeal is disposed of.

5. The Insurance Company is directed to deposit the entire

compensation amount as awarded by the Tribunal with accrued interest and

costs to the credit of M.C.O.P.No.28 of 2010 on the file of the Motor

Accident Claims Tribunal, Devakottai within a period of eight weeks (8)

from the date of receipt of copy of this judgment, less the amount, if any

already deposited. On such deposit, the claimants are permitted to

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withdraw the said amount, less the amount, if any already withdrawn, by

making necessary application before the Tribunal. No costs.

21.11.2023

NCC : Yes / No Index : Yes / No Internet : Yes Sml

To

The Motor Accident Claims Tribunal, Devakottai.

Copy to

The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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

L.VICTORIA GOWRI, J.,

Sml

21.11.2023

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