Madras High Court
Paramasivam vs The Managing Director on 13 February, 2025
Author: R. Suresh Kumar
Bench: R. Suresh Kumar
C.M.A.No.1111 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2025
CORAM
THE HON'BLE Mr. JUSTICE R. SURESH KUMAR
AND
THE HON'BLE Dr. JUSTICE A.D.MARIA CLETE
C.M.A.No.1111 of 2021
1.Paramasivam
2.Rajeswari
3.Praba .. Appellants
Vs.
1.The Managing Director
TNSTC, Villupuram
2.P.Harikrishnan (Driver)
Dr.No.4742, TNSTC
Vadalur Depot
3.N.Kumar .. Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles
Act, 1988, against the order dated 30.09.2020 passed in MACTOP.No.151 of
2015 on the file of the Motor Accident Claims Tribunal, Tindivanam.
For Appellants : Mr.D.Kumaralingam
For R1 : Mrs.S.Shathakumari
For RR2 & 3 : No appearance
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1/5
C.M.A.No.1111 of 2021
JUDGMENT
(Delivered by R. SURESH KUMAR, J.)
This Civil Miscellaneous Appeal has arisen out of the award passed by
the Motor Accident Claims Tribunal, I Additional District Court, Tindivanam,
in M.C.O.P.No.151/2015 dated 30.09.2020.
2. Though this appeal has been filed by the claimant for enhancement of
the award passed by the Tribunal, it is brought to our notice by the learned
counsel appearing for both sides that as against the very same award, the
1st respondent Transport Corporation had filed C.M.A.No.1251/2021
subsequent to the instant appeal and the said C.M.A.No.1251/2021 was heard
and disposed by a Division Bench of this Court by judgment dated 10.08.2022
in the matter of The Managing Director, TNSTC, Villupuram Vs.
Paramasivam and Others.
3. Ultimately, the Division Bench has passed the following order in the
said C.M.A.No.1251/2021 :
“13. In the result, this Civil Miscellaneous Appeal is partly
allowed and the compensation awarded by the Tribunal at
Rs.37,06,800/- is hereby reduced to Rs.26,60,300/-. The appellant-
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Transport Corporation is directed to deposit the award amount now
determined by this Court along with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit, less the amount
already deposited, if any, within a period of twelve weeks from the date
of receipt of a copy of this judgment, to the credit of M.C.O.P.No.151 of
2015, on the file of the Motor Accident Claims Tribunal, I Additional
District Court, Tindivanam. On such deposit, the respondents 1 to 3 are
permitted to withdraw their respective share of the award amount now
determined by this Court as per the ratio of apportionment fixed by the
Tribunal, along with proportionate interest and costs, less the amount if
any, already withdrawn by making necessary applications before the
Tribunal. The appellant is permitted to withdraw the excess amount
lying in the credit of M.C.O.P.No.151 of 2015, if the entire award
amount has been already deposited by them. Consequently the
connected Miscellaneous Petition is closed. No costs.”
4. Since the Division Bench had already disposed the said appeal
i.e., C.M.A.No.1251/2021, where the award amount passed by the Tribunal to
the extent of Rs.37,06,800/- was reduced into Rs.26,60,300/-, for which reasons
have been stated by the Division Bench and the said judgment has not been
appealed so far. The said judgment is binding as it is arising out of the very
same impugned award passed by the Tribunal.
5. In that view of the matter, there is absolutely no scope to entertain the
instant appeal with regard to the plea raised by the appellant herein for
enhancement of compensation and this civil miscellaneous appeal deserves to
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be dismissed. It is made clear that in case, the appellant herein is advised to
agitate the order passed by the Division Bench dated 10.08.2022 in
C.M.A.No.1251/2021 in the manner known to law, depending upon such a
development, it is further open to the appellant to re-agitate the issue in this
appeal also.
With this observation, this Civil Miscellaneous Appeal is dismissed.
There shall be no order as to costs.
[R.S.K.,J.] [A.D.M.C., J.]
13.02.2025
Index : Yes / No
Neutral Citation : Yes/No
gya
To
Motor Accident Claims Tribunal
I Additional District Court, Tindivanam
https://www.mhc.tn.gov.in/judis
R. SURESH KUMAR, J.
AND
A.D.MARIA CLETE, J.
gya
13.02.2025
https://www.mhc.tn.gov.in/judis
