Partly allowed

The Managing Director v. Nargis Nirmala Devi

Madras HC5 Jul 2018CMA(MD)/44/2018

Case brief

AI extract

What is this about?

This court allowed an appeal in part against a Motor Accident Claims Tribunal award. It modified the award by directing the appellant to pay a total sum, requiring major claimants to withdraw shares, and ordering the minor's share to remain in a bank for interest withdrawal by the guardian once in three months until majority.

What did the court decide?

Appellant to pay Rs.14,97,542/-; Major respondents to withdraw shares; Minor's deposit kept in bank with interest withdrawal by guardian quarterly; Appellant to recover excess deposit.

The Managing Director Vs Nargis Nirmala Devi — Motor Accident Claims | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Thursday, the Fifth day of July, Two Thousand and Eighteen present

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU

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C.M.A.(MD)Nos.44 of 2018

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The Managing Director, Tamil Nadu State Transport Corporation Ltd., Periyamilaguparai, Tirchy – 620 001.

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... Appellant / Respondent Vs.

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1.Nargis Nirmala Devi 2.Chandra Johanan

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3.Minor Christina Philomina Senbagalakshmi (Died) ... Respondents/Petitioners (Minor 3^rd respondent is rep. by her mother and natural guardian - 1^st respondent)

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PRAYER: This Civil Miscellaneous Appeal is filed under section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 22.05.2017 in M.C.O.P. No.78 of 2013 on the file of the Motor Accident Claims Tribunal, Special District Judge, Tiruchirappalli.

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DECREE: This Civil Miscellaneous Appeal is coming on for hearing on this day and upon perusing the grounds of Appeal, the award of the Tribunal and the material papers in this case and upon hearing the arguments of Mr.P.Prabhakaran, Advocate for the Appellant, Mr.T.Senthilkumar, Advocate for the respondents No.1 & 3 and second respondent has not appeared either in person or through an Advocate, and this Court having observed that it represented by the learned Counsel for the Appellant/Transport Corporation that the Appellant/ Transport Corporation has already deposited the entire award amount before the Tribunal and this Court having further observed that it represented by the learned Counsel for the respondents that the minor respondent has attained majority and that based on the submission, this Court observed that it is open to the claimants to file apportionate application before the tribunal to declare majority and to withdraw her share as apportioned by the Tribunal, and this Court, while allowing the Appeal in part and in modification of the award of the tribunal below, doth order and decree as follows:

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1)That the Appellant herein/Transport Corporation do pay to the respondents herein/petitoners a sum of Rs.14,97,542/-(Rupees fourteen Lakhs Ninety Seven thousand five hundred and fourty two only) as total compensation;

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https://hcservices.ecourts.gov.in/hcservices/

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2)That the Major claimants / respondents 1 & 2 shall withdraw

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their respective shares with accrued interests and costs as apportioned by the Tribunal, without filing any formal application before the Tribunal;

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3)That the share of the minor Claimant/3^rd respndnet be deposited in a nationalized bank, until she attains majority;

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4)That the first respondent herein, who is the mother/guardian of the minor claimant shall withdraw the interest amount once in three months;

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5)That the Appellant herein/Transport Corporation shall withdraw the excess deposited amount, by filing appropriate application before the Tribunal.

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6)That there be no costs in this Civil Miscellaneous Appeal.

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Sd/ Assistant Registrar (CS-I)

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/True copy/

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Sub Assistant Registrar(CS-I)

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The Special District Judge, (Motor Accident Claims Tribunal), Tiruchirappalli.

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Copy to:

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The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES)

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+1cc to Mr.P.PRABHAKARAN, Advocate, SR.No.71380 +1cc to Mr.T.SENTHIL KUMAR, Advocate, SR.No.71796

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DATED: 05.07.2018

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DECREE CMA(MD)No.44 of 2018

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Allowing the Appeal in part preferred against judgment and decree dated 22.05.2017 in M.C.O.P. No.78 of 2013 on the file of the Motor Accident Claims Tribunal, Special District Judge, Tiruchirappalli. And etc., as stated within.

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https://hcservices.ecourts.gov.in/hcservices/ KK/RP/SAR-1/10.08.2018/2P-6C/

The Managing Director v. Nargis Nirmala Devi

Case brief

What is this about?

What did the court decide?

The Managing Director v. Nargis Nirmala Devi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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