Pandian Alias Minor Pandi vs Tamil Nadu State Transport ...
2023 Latest Caselaw 6429 Mad

                                                                             C.M.P. (MD)No.11957 of 2022


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 16.06.2023

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                             C.M.P.(MD)No.11957 of 2022
                                                        and
                                           C.M.A.(MD) No.SR72563 of 2022

                Pandian alias Minor Pandi                              ...Petitioner/appellant

                                                    Vs.
                1.Tamil Nadu State Transport Corporation,
                  Kumili Depo, Kumili.
                 Through Managing Director.

                2.The Tamil Nadu State Transport Corporation,
                  Ring Road, Madurai,
                  Through Managing Director.

                3.The Tamil Nadu Transport Corporation,
                  Dindigul, Madurai Division,
                  Through Managing Director.                     ...Respondents/Respondents

                PRAYER in C.M.P.(MD)No.11957 of 2022: This Civil Miscellaneous Petition is
                filed under Section 173(2) of the Motor Vehicles Act to condone the delay of 4784
                days in preferring the appeal as against the judgment dated 22.06.2007 in
                M.C.O.P.No.736 of 2000 on the file of the Additional District and Sessions
                Judge/Fast Track Court No.3, Madurai.


                PRAYER in C.M.A.(MD)No.SR72563 of 2022: This Civil Miscellaneous Appeal
                is filed under Section 173 of the Motor Vehicles Act, 1988 to enhance the quantum

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https://www.mhc.tn.gov.in/judis
                                                                                   C.M.P. (MD)No.11957 of 2022


                of compensation award to the tune of Rs.75,000/- that apart from the amount of
                compensation already awarded in 22.06.2007 in M.C.O.P.No.736 of 2006 on the
                file of the Additional District and Sessions Judge/Fast Track Court No.3, Madurai.


                                          For Petitioner    : Mr.V.Sakthivel
                                          For R1 & R3       : Mr.K.A.Thirumalaiappan
                                          For R2            : No Appearance


                                                           ORDER

This application has been filed to condone the delay of 4784 days in

preferring the appeal as against the judgment, dated 22.06.2007 in M.C.O.P.No.

736 of 2000 on the file of the Additional District and Sessions Court/Fast Track

Court No.3, Madurai.

2.In compliance of the order of this Court, dated 07.06.2003, the concerned

Official of the respondent appeared in person before this Court. He submitted that

the entire compensation awarded by the Tribunal is paid to the claimant.

3.The learned counsel for the plaintiff submitted that since the amount

awarded by the Tribunal is not deposited, the claimant had filed the present appeal

for enhancement of compensation. Now the amount awarded by the Tribunal is

https://www.mhc.tn.gov.in/judis C.M.P. (MD)No.11957 of 2022

released and hence, the application may be dismissed. Accordingly, the Civil

Miscellaneous Petition to condone the delay of 4784 days in preferring the appeal

is dismissed. Consequently, the Civil Miscellaneous Appeal is also rejected at the

SR stage itself. No costs.

16.06.2023 Index : Yes/No Internet : Yes/No ta

To

1.The Additional District and Sessions Court /Fast Track Court No.3, Madurai

2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.P. (MD)No.11957 of 2022

N.SATHISH KUMAR, J.

ta

C.M.P.(MD)No.11957 of 2022 and C.M.A.(MD) No.SR72563 of 2022

16.06.2023

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