Partly allowed

L.Vinoth @ Vinothkumar v. the Managing Director

Madras HC5 Aug 2021CMA(MD)/170/2014

Case brief

AI extract

What is this about?

The Madras High Court allowed the Civil Miscellaneous Appeal filed under the Motor Vehicles Act. The Court enhanced the quantum of compensation from Rs. 62,500 to Rs. 1,40,000 and directed the Respondent to deposit the enhanced amount with interest.

What did the court decide?

Enhancement of compensation from Rs. 62,500 to Rs. 1,40,000. Deposit of enhanced award with interest at 7.5% p.a. from the date of petition till deposit.

L.Vinoth @ Vinothkumar Vs the Managing Director — Writ and Judicial Review | Madras HC (2021)

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CMA(MD). No.170 of 2014

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Fifth day of August Two Thousand Twenty One PRESENT

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The Hon`ble Mrs.Justice R.THARANI CMA(MD). No.170 of 2014

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L.VINOTH @ VINOTHKUMAR, ... Appellant/Petitioner

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THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION, BYE PASS ROAD, MADURAI. ... Respondent/Respondent

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PRAYER:

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Civil Miscellaneous Appeal filed under section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 13/09/2010 and made in M.C.O.P.No.743 of 2008 on the file of the Motor Accident Claims Tribunal – Additional District and Sessions Judge/F.T.C.No.I, Madurai.

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Decree: This Civil Miscellaneous Appeal is coming on for hearing on Wednesday, The twenty eighth day of July two thousand twenty one and upon perusing the grounds of Appeal, the order of the Motor Accident Claims Tribunal – Additional District and Sessions Judge/F.T.C.No.I, Madurai and the material papers in these Appeals and upon hearing the arguments of Mr.A.Haja Mohideen, Advocate for Appellant and Mr.K.Sudalaiyandi, Advocate for Respondent and this Court having stood out for consideration till this date, while allowing the appeal in part, both order and decree as follows :

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1.That the quantum of compensation awarded by the Motor Accident Claims Tribunal – Additional District and Sessions Judge/F.T.C.No.I, Madurai and hereby enhanced from Rs.62,500/(Rupees Sixty two thousand and five hundred only) to Rs.1,40,000/(Rupees One lakh and forty thousand only);

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2.That the respondent/Transport Corporation herein shall deposit the enhanced award amount of Rs.1,40,000/- along with interest at the rate of 7.5% p.a., from the date of petition till the date of deposit and cost within a period of eight weeks from the date of receipt of a copy of this judgment, less the amount, already deposited, if any;

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3.That on such deposit being made, the claimant be and hereby is permitted to withdraw the entire award amount, after deducting amount, if any, already received by him. The Claimant is not entitled for interest for the default period, if there is any https://hcservices.ecourts.gov.in/hcservices/

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CMA(MD). No.170 of 2014

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default;

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

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Sd/-

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Assistant Registrar (CS II)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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TO:

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1.The Motor Accident Claims Tribunal – Additional District and Sessions Judge/F.T.C.No.I, Madurai.

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Copy to:

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

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+1 CC to M/s.K.SUDALAIYANDI, Advocate (SR-25322 dated 05/08/2021)

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ORDER DATED : 05/08/2021

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============================ DECREE

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============================

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CMA(MD). No.170 of 2014

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Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 13/09/2010 and made in M.C.O.P.No.743 of 2008 on the file of the Motor Accident Claims Tribunal – Additional District and Sessions Judge/F.T.C.No.I, Madurai.

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RS (19.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/

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L.Vinoth @ Vinothkumar v. the Managing Director

Case brief

What is this about?

What did the court decide?

L.Vinoth @ Vinothkumar v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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