Dismissed

Managing Director v. K.M. R. Eswaran

Madras HC1 Oct 2021CMA/3538/2017

Case brief

AI extract

What is this about?

The Madras High Court heard an appeal by the Tamil Nadu State Transport Corporation against a Motor Accident Claims Tribunal award. The court dismissed the appeal and directed the appellant to deposit the remaining 70% of the award amount with interest to facilitate payment to the claimants.

What did the court decide?

The appeal was dismissed. The appellant was directed to deposit the remaining 70% of the award amount with interest within four weeks.

Managing Director Vs K.M. R. Eswaran — Money Laundering | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

FRIDAY, THE FIRST DAY OF OCTOBER

¶3

TWO THOUSAND AND TWENTY ONE

¶4

PRESENT:

¶5

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

¶6

C.M.A.No.3538 of 2017

¶7

The Managing Director,

¶8

Tamil Nadu State Transport Corporation, Villupuram … Appellant/2 nd Respondent

¶9

Vs.

¶10

1. K.M.R. Eswaran …. 1 st Respondent/Claimant

¶11

2. Susila Eswaran … 2 nd & 3 rd Respondent/1 st Respondent

¶12

3. S.M. Sivalingam .. 3 rd Respondent/1 st Respondent

¶13

4. Rasi Enterprises Rep. by its Share Holder

¶14

K. Senthilkumar … 4 th Respondent/3 rd Respondent

¶15

5. ICICI Lombard General Insurance Company Ltd.,

¶16

Salem - 9 …. 5 th Respondent/4 th Respondent

¶17

Prayer: Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 16.09.2016 made in M.C.O.P.No.177 of 2008 on the file of the Motor Accident Claims Tribunal, III Additional District cum Session Judge, Gobichettipalayam.

¶18

Order: This Appeal coming on for hearing on this day upon perusing the grounds of Appeal, the award of the Tribunal below, and upon hearing the arguments of Mr.Ma.Pa.Thangavel, advocate for the Appellant and of M/s.R.Sreevidhya, advocate for the respondent-5 and this court observed that the Insurance Company have already deposited 30% of the award amount on the file fo the Motor Accident Claims Tribunal, III Additional District cum Sessions Judge, Gobichettipalayam, and this Court doth order and decree as follows:

¶19

1.that the judgment and decree passed by the Tribunal in MCOP.No.177/2008 dated 16/09/2016 confirmed and the appeal is dismissed.

¶20

2.That the appellant herein/Transport Corporation be and hereby is directed to deposit the entire award amount (70%) awarded by the Tribunal below together with interest at the rate of 7.5% per annum from the date of claim petition till the date of realization less the amount, if any, already deposited to the credit of MCOP.No.177/08 on the file of the Motor Accident Claims Tribunal, III additional District cum Sessions Court, Gobichettipalayam, within a period of four weeks from the date of receipt of a copy of this judgment.

¶21

3.That on such deposit being made, the tribunal be and hereby is directed to transfer the award amount directly to the bank account of the Respondents herein/claimant through RTGS, within a period of two weeks thereafter as per the ratio of apportionment fixed by the tribunal.

¶22

4.That there be no costs in this Civil Miscellaneous Appeal.

¶23

Sd/-

¶24

Assistant Registrar(I)

¶25

// True Copy //

¶26

Sub Assistant Registrar

¶27

¶28

1. The Motor Accidents Claims Tribunal, III Additional District cum Session Judge, Gobichettipalayam

¶29

Copy to: The Section Officer, V.R. Section, High Court, Madras.

¶30

+1cc to Mr.K.J.Sivakumar, Advocate SR.No.51664

¶31

+1cc to Mrs.R.Sreevidhya, Advocate SR.No.51951

¶32

+1cc to Mr.Ma.P.Thangavel, Advocate SR.No.51792

¶33

Order Dated:01/10/2021 CMA.No.3538 of 2017 Nature of the Decree: Dismissing the Appeal preferred against the award and decree dated 16/09/2016 made in MCOP.No.177/2008 on the file of Motor Accident Claims Tribunal, III Additional District cum-Sessions Court, Gobichettipalayam, etc., as stated within.

¶34

BS(CO) CB(12/01/2022)

Managing Director v. K.M. R. Eswaran

Case brief

What is this about?

What did the court decide?

Managing Director v. K.M. R. Eswaran

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kuzhanthaivelu (Declared Major Vs Ahmed Akber Ali

A.Anthonysamy Vs Sandeedp Nanduri

The Managing Director, Tnstc., Kumbakonam Vs Dhayalan

The Managing Director Vs Minor Anuvarshini

Muruganantham Vs Priya

The Managing Director Vs K.Sivakumar