Geetha v. The Managing Director Kpm

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19.11.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR in CMP No.2627 of 2025

1. Geetha

2. Baby Dhanishta (Minor)

3. Baby Hasini (Minor) (Minor 2nd & 3rd petitioner are rep. By their mother Mrs.Geetha, natural guardian and next friend)

4. Mrs.Rathnavathy .... Petitioners V.

The Managing Director KPM, Tamil Nadu State Transport Corporation Ltd., Villupuram at Kanchipuram Region, Kanchipuram - 631 502.

.... Respondent Prayer:Petition filed under Section 151 of the Code of Civil Procedure to permit the 1st petitioner to withdaw sum of Rs.40,00,000/- (Rupees forty lakhs only) which was already deposited by the appellant corporation to the

credit of M.C.O.P.No.111/2018, on the file of the Motor Accident Claims Tribunal, Chennai (Special Sub Court No.I, Motor Accidents Claims Petitions).

For Petitioners :Dr.G.Krishnamurthy for Mr.J.B.Solomon Peter Kamaldoss For Respondent : Mr.P.Kumaresan Additional Advocate General for Mr.A.Vinothraj

O R D E R

Dr.G.Jayachandran, J.

Claim petition filed in M.C.O.P.No.111 of 2018 for the road accident caused by the bus driver of the Transport Corporation, the Motor Accident Claims Tribunal awarded a sum of Rs.91,01,000/- with interest.

2. The Transport Corporation has preferred an appeal, in which while considering the stay petition, this Court in CMP No.22129 of 2025, vide order dated 09.09.2025 granted stay on condition to deposit the entire award amount along with accrued interest as on date to the credit of the MCOP account within a period of four weeks. If such conditional order is not

complied with, within four weeks, the interim stay granted shall stand automatically vacated without any further reference to the Court.

3. When the matter came up for consideration for recording compliance of the interim order, it was brought to our notice that the Transport Corporation has not deposited the amount as directed by this Court and deposited only a sum of Rs.20.00 lakhs on 17.10.2025 and Rs.20.00 lakhs on 12.11.2025.

4. Learned counsel appearing for the Transport Corporation submitted that the Corporation has taken out an application for extension of time to deposit the balance amount.

5. Be that as it may, as far as the claimants are concerned, they have taken out the present petition to withdraw the sum of Rs.40.00 lakhs deposited by the Corporation.

6. This Court has made it clear that the entire award amount with interest should be deposited within four (4) weeks, which apparently not complied with by the Transport Corporation and therefore, the interim stay granted already has got vacated automatically.

7. Insofar as the sum of Rs.40.00 lakhs now deposited is concerned, it is part of the award amount, which the claimants are entitled. Therefore, we find no reason to withhold that money except to allow this petition for withdrawal.

8. Accordingly, CMP No.29006 of 2025 stands allowed.

9. For the balance amount, it is always open to the claimants to take necessary steps for recovery.

10. List the appeal for final hearing on 17.12.2025. (Dr.G.J.J.) & (M.S.K.J.) 19.11.2025 Index:yes/no Internet:yes Speaking order/non speaking order sl To The Managing Director KPM, Tamil Nadu State Transport Corporation Ltd., Villupuram at Kanchipuram Region, Kanchipuram - 631 502.

Dr.G.JAYACHANDRAN, J.

and MUMMINENI SUDHEER KUMAR,J.

Sl in CMP No.2627 of 2025 19.11.2025