BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30/08/2011 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.R.P(PD)(MD)No.2655 of 2010 and M.P(MD)Nos.1 and 2 of 2010 The Managing Director Tamil Nadu State Transport Corporation Madurai Division III, Tirunelveli. ..Petitioner Vs Arunachalam ..Respondent PRAYER Civil Revision Petition filed under Article 227 of the Constitution of India against the Judgment and decree dated 28.01.2010 in E.P.No.40 of 2010 in M.C.O.P.No.304 of 2008 in order dated 19.10.2010 on the file of the Motor Accidents Claims Tribunal, Principal Subordinate Judge, Tenkasi. !For Petitioner ... Mr.A.Baskaran ^For Respondent ... Mr.K.Samidurai :ORDER
The revision petitioner has filed the above revision against the Judgment
and decree dated 28.01.2010 in E.P.No.40 of 2010 in M.C.O.P.No.304 of 2008 in
order dated 19.10.2010 on the file of the Motor Accidents Claims Tribunal,
Principal Subordinate Judge, Tenkasi.
2.The short facts of the case are as follows:-
(i)The respondent/claimant has filed a claim case in MCOP No.304 of 2008
on the file of the Motor Accidents Claims Tribunal/Principal Subordinate Court,
Tenkasi against the Tamil Nadu State Transport Corporation Limited for claiming
compensation of a sum of Rs.10,00,000/- with interest. The said claim petition
had been resisted by the revision petitioner after filing counter statement. In
the said claim case, the learned Motor Accidents Claims Tribunal/Principal
Subordinate Judge, Tenkasi, after adjudication had awarded a compensation of a
sum of Rs.1,22,129/- together with interest at the rate of 7.5% p.a. from the
date of filing the claim petition till date of payment of compensation. The
said award was passed on 28.01.2010. As per the learned Tribunal’s order, the
revision petitioner has not deposited the said amount within the stipulated
period. Therefore, the claimant has filed the execution petition in E.P.No.40
of 2010 against the revision petitioner. After duly serving notice on the
revision petitioner, the learned Judge passed an attachment order on 28.10.2010,
attaching the bus bearing registration No. TN-74-N-0959. Aggrieved by the said
attachment order, the respondent corporation has filed the above revision.
3.The learned counsel for the revision petitioner argued that the award
amount of a sum of Rs.1,22,129/- is on the higher side, since the claimant had
sustained simple injuries. The tribunal had adopted multiplier method and
awarded compensation, which is not sustainable under law. Further, the learned
counsel for the revision petitioner has admitted that no appeal has been filed
against the award and decree. For depositing the award amount, some legal
formalities have to be observed for which some time is requested to comply with
the order of the tribunal. The bus is a state owned corporation bus and plying
for public convenience. Therefore, the public will be put into inconvenience,
if the bus is attached.
4.The learned counsel for the respondent/claimant argued that the claim
case was contested. Thereafter, the learned tribunal awarded the compensation
on merits on 28.10.2010. The said award amount has not been deposited within
the stipulated period as per the order of the claims Tribunal. Hence, the
claimant has initiated execution proceedings against the revision petitioner.
The learned counsel further argued that, against the said award and decree, no
appeal has been filed by the revision petitioner. Therefore, the award is an
executable one.
5.Per contra, the learned counsel for the revision petitioner submitted
that the State Transport Corporation has given an undertaking for depositing the
entire compensation amount with accrued interest thereon within a period of
eight weeks. Supporting this contention,the revision petitioner has filed an
affidavit.
6.In the facts and circumstances of the case and arguments advanced by the
learned counsels on either side and on perusing the attachment order passed by
the learned Motor Accidents Claims Tribunal, this court is of the considered
opinion that the State Transport Corporation is a State owned corporation and
the subject matter is attachment of the bus which is being plied for public
convenience. Further, the corporation has other movable and immovable
properties, which can be attached for the said compensation instead of the bus
which is being plied everyday for public use. Therefore, the above revision
petition deserves to be allowed. Accordingly allowed, on condition that the
revision petitioner can comply with the impugned award and decree passed by the
learned Motor Accidents claims Tribunal/principal Subordinate Court, Tenkasi in
MCOP No.304 of 2008 dated 28.01.2010, within a period of eight weeks from the
date of receipt of this order, failing which attachment order will come into
force. After such deposit has been made, it is open to the respondent/claimant
to withdraw the entire compensation amount with accrued interest thereon, lying
in the credit of E.P.No.40 of 2010 in MCOP No.304 of 2008, on the file of Motor
Accident Claims Tribunal/Principal Subordinate Court, Tenkasi, after filing memo
along with this order.
7.In the result, the above civil revision petition is disposed of with the
above observations. consequently, the order and decretal order passed in
E.P.No.40 of 2010 in M.C.O.P.No.304 of 2008, dated 28.01.2010 is kept in
abeyance. Further, this court directs the learned Motor Accident Claims
Tribunal to release the bus bearing registration No. TN-74-N-0959 at once.
Accordingly ordered. Connected miscellaneous petitions are closed. There is no
order as to costs.
skn
To
The Principal Subordinate Court,
Tenkasi.