Madras High Court
The Managing Director vs Kanchana on 27 January, 2021
C.R.P.(NPD).No.3847 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2021
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.R.P.(NPD).No.3847 of 2019
and
C.M.P.Nos.25384 and 25385 of 2019
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Vellore - 9. ... Petitioner
Vs.
1.Kanchana
2.Senthamizselvi
3.Praveenraja
4.Sumathi
5.Sathya
6.Rukmani ... Respondents
Prayer: Civil Revision Petition is filed under Section 115 of the Civil
Procedure Code, to set aside the order and decreetal order dated
02.11.2019 made in E.A.No.6 of 2019 in E.P.No.42 of 2017 in
M.C.O.P.No.354 of 2008 on the file of the Chief Judicial Magistrate,
Vellore and allowed the petition.
For Petitioner : Mr.J.Lokesh
For Respondents : Mr.V.Parivallal (For R1 to R5)
R6- Not ready in notice.
ORDER
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C.R.P.(NPD).No.3847 of 2019
This present civil revision petition has been filed to set aside the
order dated 02.11.2019 made in E.A.No.6 of 2019 in E.P.No.42 of 2017 in
M.C.O.P.No.354 of 2008 on the file of the learned Chief Judicial
Magistrate, Vellore.
2. The case of the petitioner is that one Kanchana and legal heirs
of one Mahadevan had filed claim petition in M.C.O.P.No.354 of 2008
under Section 166 Rule of the Motor Vehicles Act, 1988 and Rule 3 of
Motor Accident Claims Tribunal Rules, before the District Judge, Vellore,
claiming a sum of Rs.25,00,000/- together with 9% interest. The said
M.C.O.P. was contested and the learned Chief Judicial Magistrate, Vellore
has passed a judgment and decretal order dated 09.02.2011, allowing the
petition in part and directed the petitioner/transport corporation to pay
Rs.9,14,000/- as compensation to the respondents with interest at 7.5%
p.a., from the date of numbering of the petition i.e., 24.06.2019 till the date
of realisation and directed the petitioner/Transport Corporation to deposit
the award amount into court within a period of one month from the date of
the order and also give the calculation as to how the respondents are
entitled to receive the same and directed the minor accounts money to be
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C.R.P.(NPD).No.3847 of 2019
deposited in the Nationalized Bank in fixed deposit, till he attain majority.
3. Against the said order dated 09.02.2011, an appeal was filed
by the 1st to 5th respondents/claimants before this Court in C.M.A.No.442 of
2012. On 15.12.2012 in Mega Lok Adalat held by the High Court Legal
Services Committee, Chennai, the case was taken up for hearing and the
Managing Director, Tamil Nadu State Transport Corporation (PATC),
Rangapuram, Vellore, has entered into a settlement with the 1 st to 5th
respondents/claimants. As per the terms of the settlement, the present
appeal (i.e.,) civil miscellaneous appeal would be closed on a settlement
with a full quit amount of Rs.9,50,000/- will be given as compensation to
the claimants and the petitioner/Transport Corporation was directed to
deposit the said amount within a period of six weeks from the said date.
The Transport Corporation has not paid the said amount within the period
as committed by them. The parties was constrained to file a clarification
petition before this Court and on 02.05.2017 this Court has taken up the
matter and clarified the issue. The 6th respondent/mother had died on
05.06.2015 and the death certificate was produced before this Court and
the said certificate would show that the death certificate was issued on
26.06.2015 by the appropriate authorities. They also submitted that the
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C.R.P.(NPD).No.3847 of 2019
salary certificate of the deceased mother was Rs.11,328/- as monthly
income and educational qualification certificates proved the age of the
deceased mother as 53 years at the time of the accident and the amount
calculated was also taken into account and the amount settled between the
parties in the Lok Adalat was Rs. 9,00,000/- and this Court has passed the
following order:-
Loss of income - Rs.11,96,184/-
Loss of love and Affection - Rs. 1,00,000/-
Funeral Expenses including
Transport Charges - Rs. 20,000/-
Loss of Consortium - Rs. 75,000/-
--------------------------
Total sum : Rs.13,91,184/-
--------------------------
4. On perusal of the typed set of papers, on 03.04.2012 an
amount of Rs.25,000/- was deposited and on 15.07.2013 an amount of
Rs.9,25,000/- was deposited by the said petitioner/Transport Corporation.
Again, on 11.10.2019 an amount of Rs.45,498/- was deposited by the
petitioner/Transport Corporation.
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C.R.P.(NPD).No.3847 of 2019
5. Aggrieved by the said order passed by the Execution Court
wherein the Court below in E.A.No.6 of 2019 in E.P.No.42 of 2017 on
02.11.2019 has passed an order by ordering an attachment of the freezing
of bank account of the petitioner/Transport Corporation. In E.A.No.6 of
2019, the Court has raised the said order of attachment by passing a
conditional order that the petitioner/Transport Corporation shall deposit an
amount of Rs.2,52,552/- within a period of fifteen days. On payment of
such amount, the attachment order will be raised.
6. Aggrieved by the said order, the present civil revision petition
has been filed by the Transport Corporation raising various grounds.
7. The learned counsel for the petitioner submits that the
respondents have claimed Rs.2,98,050/- which is against the calculation
given by the petitioner/Transport Corporation in the Execution Petition and
he further submitted that the Tribunal has erroneously accepted the claim
and passed such order. The principal award amount has already been paid
in to the credit of M.C.O.P.No.354 of 2008, but the claimants have
calculated the interest from the date of petition and the claimants are not
liable to receive interest on wrong calculation.
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C.R.P.(NPD).No.3847 of 2019
8. On going through the typed set of papers, it is seen that the
original award amount was Rs.13,91,184/- with 7.5% interest from the date
of filing of the petition. In E.P.No.42 of 2017 an amount of
Rs.23,89,233.90/- was directed to be paid. In that Rs.9,50,000/- was
already deposited and Rs.14,39,233.90/- was pending and an amount of
Rs.10,05,715/- was deposited and again Rs.45,498/- was paid by the
petitioner/Transport Corporation. An amount of Rs.2,52,552/- was pending
to be paid. An amount of Rs.1,00,000/- was already deposited in the case
account by following the interim order granted by this Court, dated
28.11.2019 and Rs.1,52,552/- is now to be paid. For non payment of
Rs.1,52,552/-, the entire account of the Transport Corporation is freezed
and the said Transport Corporation is not in a position to pay the salary and
to meet out the day-to-day expenses.
9. In view of the larger public interest is involved, this Court is of
the view that only a sum of Rs.1,52,552/- is to be paid to the petitioners in
M.C.O.P.No.354 of 2008 and this Court is also of the view that the
attachment order rendered in E.A.No.6 of 2019 in E.P.No.42 of 2017 has to
be raised forthwith. After the account is defreezed, the petitioner/Transport
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C.R.P.(NPD).No.3847 of 2019
Corporation is directed to deposit the said amount within a period of six
weeks from the date of receipt of a copy of this order and the respondents
can receive the same without difficulty as assured by the learned counsel for
the petitioner.
10. In case of failure of the petitioner to deposit the said amount
within the said period, the respondents are entitled for 7.5% interest for the
said amount. By this order, the attachment order passed by the learned
Chief Judicial Magistrate, Vellore in E.A.No.6 of 2019 in E.P.No.42 of
2017 is hereby set aside and the civil revision petition is allowed. No Costs.
Consequently, the connected miscellaneous petitions are closed.
27.01.2021
dm
Index : yes/no
Internet : yes/no
Speaking Order/Non-Speaking Order
V.BHAVANI SUBBAROYAN.J.,
dm
To
1. The Chief Judicial Magistrate, Vellore.
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD).No.3847 of 2019
C.R.P.(NPD).No.3847 of 2019
and
C.M.P.Nos.25384 and 25385 of 2019
27.01.2021
https://www.mhc.tn.gov.in/judis/
