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Madras High CourtCMP/14978/2016ordered

Tamil Nadu State Express v. R. Latha,

2016-09-20Honourable Mr Justice S. Manikumar,Honourable Mr Justice N. Authinathan3 pages

CMP No.14978 of 2016 in CMA SR. No.54504 of 2016 S.MANIKUMAR, J., AND N.AUTHINATHAN, J., (Order of the Court was made by S.MANIKUMAR, J.) Tamilnadu State Express Transport Corporation Limited, Chennai-2, is on appeal challenging the finding of the tribunal fixing negligence on the driver of the transport corporation bus bearing Regn.No.TN01N8030 and the quantum of compensation of Rs.34,00,000/- with interest at the rate of 7.5% per annum from the date of claim, till deposit with a delay of 28 days in filing the appeal.

2. Material on record discloses that the accident has occurred on 30.05.2009. Claim made in MCOP No.399 of 2009 has culminated into an award on 25.01.2016, after nearly seven years. Courts have consistently held that compensation amount should be paid promptly to the accident victims. Taking note of the time consumed in the litigation, we have heard Mr.K.J.Siva Kumar, learned counsel for the transport corporation to ascertain as to whether there is any prima facie case in the appeal.

3. Mr.K.J.Siva Kumar, learned counsel for the transport corporation submitted that the finding fixing negligence on the driver of the transport corporation bus is perverse and therefore, the appeal requires to be

entertained for adjudication. He has also disputed the quantum of compensation.

4. Going through the material on record, we do not find that the appellant transport corporation has made out any prima facie case to entertain the appeal. Thus, for the reasons stated supra, we deem it fit to dispense with the notice to the respondents. Delay is condoned. Registry is directed to number the appeal.

[S.M.K.,J.] [N.A.N., J.] 20.09.2016 Note to office:

After numbering, Registry is directed to send the bundle immediately to the concerned PA ars

S.MANIKUMAR.J, and N.AUTHINATHAN.J, ars CMP No.14978 of 2016 in CMA SR. No.54504 of 2016 20.09.2016