Partly allowed

The Managing Director v. K.Gnanasundari, (Died

Madras HC20 Apr 2021CMA(MD)/593/2009

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed the Civil Miscellaneous Appeal in part and decreased the compensation awarded in the underlying Motor Accident case from Rs. 4,30,000 to Rs. 4,16,000 with interest at 7.5% per annum, dismissing the claim for costs.

What did the court decide?

Compensation decreased to Rs. 4,16,000 with interest at 7.5% per annum; no costs.

The Managing Director Vs K.Gnanasundari, (Died — Motor Accident Claims | Madras HC (2021)

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CMA(MD). No.593 of 2009

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Tuesday, the Twentieth day of April Two Thousand Twenty One PRESENT

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The Hon`ble Mr.Justice K.KALYANASUNDARAM CMA(MD). No.593 of 2009

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THE MANAGING DIRECTOR,

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TAMILNADU STATE TRANSPORT CORPORATION , KUMBAKONAM..

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... Appellant/Respondent

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1 K.GNANASUNDARI, (DIED)

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2 PARIMALA

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3 RAJALAKSHMI,

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4 GEETHA

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5 USHA RANI

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6 BACKIALAKSHMI

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7 RAGURAMAN,

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(R-2 TO 7, are brought on record LRs of the deceased

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Sole Respondent Vide Order DT.14/03/14 IN MP.1 TO 3/13 IN CMA.593/2009). ... Respondents/Claimants

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Prayer:-

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Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 challenging the award and decree dated.31.01.2006 made in M.C.O.P.No.133 of 2005 on the file of the Motor Accident Claims Tribunal cum Additional Chief Judicial Magistrate, Kumbakonam

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DECREE:-

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This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of MR.M.S.RAAJESSHVER, Advocate for the Appellant and of MR.I.SUTHAKARAN, Advocate for the Respondents, this Court while allowing the appeal in part and in modification in the award of the compensation, doth order and decree as follows:-

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(1) That the award of the compensation passed dated.31.01.2006 made in M.C.O.P.No.133 of 2005 on the file of the Motor Accident Claims Tribunal cum Additional Chief Judicial Magistrate, Kumbakonam https://hcservices.ecourts.gov.in/hcservices/

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CMA(MD). No.593 of 2009

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be and hereby decreased as Rs.4,16,000/-(Rupees, Four Lakhs and Sixteen Thousand only) instead of Rs.4,30,000/- as awarded by the Tribunal below along with interest rate at 7.5% per annum; and

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

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Sd/-

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Assistant Registrar(P & A)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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The Motor Accident Claims Tribunal cum Additional Chief Judicial Magistrate, Kumbakonam.

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Copy to: The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.K.SEKAR, Advocate ( SR-16983 dated 22/04/2021 )

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ORDER DATED : 20/04/2021

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

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CMA(MD). No.593 of 2009

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Nature of Decree:- Allowing the Civil Miscellaneous Appeal in part preferred against the award and decree dated.31.01.2006 made in M.C.O.P.No.133 of 2005 on the file of the Motor Accident Claims Tribunal cum Additional Chief Judicial Magistrate, Kumbakonam, as stated within.

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svn(CO) TR(18.06.2021) 2P 5C

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

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The Managing Director v. K.Gnanasundari, (Died

Case brief

What is this about?

What did the court decide?

The Managing Director v. K.Gnanasundari, (Died

Case brief

What is this about?

What did the court decide?

What the court decided

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