Partly allowed

Joseph Latrrisa v. Tamil nadu State Transport corporation Ltd.

Madras HC22 Jul 2024CMP(MD)/9314/2024

Case brief

AI extract

What is this about?

Petitioners sought withdrawal of deposited sums pending a motor accident claim appeal. Court partially allowed the petition, permitting withdrawal of 50% of the deposited amount along with accrued interest.

What did the court decide?

The petitioners are permitted to withdraw 50% of the deposited amount along with accrued interest by following proper procedure.

Joseph Latrrisa Vs Tamil nadu State Transport corporation Ltd. — Madras HC (2024) — LawSathi Research

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C.M.P.(MD) No.9314 of 2024

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

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Monday, the Twenty Second day of July Two Thousand and Twenty Four

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PRESENT

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The Hon`ble Mr.Justice N.SESHASAYEE and

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The Hon`ble Mr.Justice P. VADAMALAI

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C.M.P.(MD) No.9314 of 2024 in C.M.A.(MD) No.325 of 2024

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1 JOSEPH LATRRISA

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2 TAICY IMKULAI RANI,

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... PETITIONERS/RESPONDENTS

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1 TAMIL NADU STATE TRANSPORT CORPORATION LTD.,,

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THROUGH ITS MANAGING DIRECTOR, THOOTHUKUDI ROAD, KTC NAGAR, VM CHATHIRAM, TIRUNELVELI-11

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2 TAMIL NADU STATE TRANSPORT CORPORATION LTD.,, THROUGH ITS GENERAL MANAGER, RANITHOTTAM, NESAMONY NAGAR, NAGERCOIL. ... RESPONDENTS/APPELLANTS

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... RESPONDENTS/APPELLANTS

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Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the petitioners to withdraw entire deposited amount along with the accrued interest to credit of M.C.O.P.No.84 of 2021 on the file of Motor Accident Claims Tribunal(Special Sub Court) Tirunelveli, Pending disposal of the above Civil Miscellaneous Appeal and thus render justice.

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

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C.M.P.(MD) No.9314 of 2024

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Prayer in CMA(MD). 325/ 2024 :

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Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act to set aside the order of the Motor Accident Claims Tribunal Special Sub Court, Tirunelveli made in M.C.O.P.No. 84/2021 dated 04.10.2023 and allow the appeal with costs and render justice.

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ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.SELVAKUMARAN, Advocate for the petitioner and of MR.S.MICHEAL HELDON KUMAR, Advocate on behalf of the Respondents the court made the following order:-

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This petition is filed for withdrawal of the entire deposited amount along with accrued interest.

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Heard both sides. This Court perused the papers and found that the accident is though unusual yes not unfamiliar in Indian roads. The victim was riding a motorcycle and he had to apply sudden brake, as he wants to avoid a street dog that jumped into his line of motion and the offending vehicle, which was following the vehicle of the victim, hit the same from behind.

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The appeal is directed only for fixing percentage of contributory negligence on the part of the victim of the accident.

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The best case scenario for the respondents/appellants is that it should satisfy with 50% contributory negligence on the part of the victim. That however, is an issue that would ultimately have to be resolved in the appeal. But what could be derived is

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that with regard to the remaining 50%, the respondents/appellants may not be able https://www.mhc.tn.gov.in/judis

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C.M.P.(MD) No.9314 of 2024

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to avoid it.

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5. In view of this preliminary finding, this Court partially allows this petition

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and the petitioners are permitted to withdraw 50% of the amount deposited along with accrued interest by following proper procedure.

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sd/22/07/2024

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/ TRUE COPY /

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/08/2024 Sub-Assistant Registrar (CS-I / II /III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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ABR

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THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL TIRUNELVELI

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+1 CC to M/s.T.SELVAKUMARAN, Advocate ( SR-8368[I] dated 23/07/2024 )

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ORDER IN

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C.M.P.(MD) No.9314 of 2024 in C.M.A.(MD) No.325 of 2024 Date :22/07/2024

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RK/GS (09/08/2024) 3P / 3C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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

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Joseph Latrrisa v. Tamil nadu State Transport corporation Ltd.

Case brief

What is this about?

What did the court decide?

Joseph Latrrisa v. Tamil nadu State Transport corporation Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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