Senthilraj v. The Inspector Of Police

Rev.Apl.C(MD)No.150 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Rev.Apl.C.(MD)No.150 of 2019 Jamila ... Petitioner Vs 1.Tamil Nadu State Transport Corporation Limited, through its General Manager, Having its Office at Vannarpettai, Tirunelveli.

2.Nabissa 3.Kanifa 4.Fathima 5.Ameena Beevi 6.Shariba ... Respondents Prayer: Review Application is filed under Section 114 of Cr.P.C. r/w. Order XLVII, Rules 1 and 2 of the Civil Procedure Code to review the order dated 15.11.2017 made in C.M.A.(MD)No.1391 of 2015, on the file of this Court.

Prayer in CMA(MD). 1391/ 2015 :

To allow this appeal , set aside the judgment and decree dated 10/10/2012 passed in MCOP NO. 217 /2012 on the file of the Motor Accidents Claims Tribunal/ III Additional District and Sessions Court, Tirunelveli .

For Petitioner : Mr.V.Sasi Kumar For Respondents : Mr.P.Prabhakaran for R1

O R D E R

The claimant has filed this review application. It is seen that the civil miscellaneous appeal filed by the Transport Corporation was partly allowed by order dated 15.11.2017 and the compensation awarded by the Tribunal was reduced from https://hcservices.ecourts.gov.in/hcservices/ 1/2

Rev.Apl.C(MD)No.150 of 2019 Rs.7,10,000/- to Rs.4,65,000/-. The heads of compensation read as under:- Sl.No.

Heads Amounts in Rupees 1.

For pecuniary loss Rs.4,08,000/- 2.

For funeral expenses Rs. 15,000/- 3.

For loss of love and affection Rs. 42,000/- Total Rs.4,65,000/- 2.The learned counsel appearing for the claimant would point out that this Court had omitted to include a sum of Rs.1,14,155/-, which represented the medical expenditure incurred by the claimant. Inclusion of the said medical expenditure cannot really be objected to. Therefore, this review application is allowed and the transport corporation is directed to pay a total sum of Rs.5,79,155/- with the interest at rate of 7.5% per annum, and cost from the date of petition till the date of realization, within a period eight weeks from the date of receipt of a copy of this order, less the amount already deposited if any. The learned standing counsel would submit that the amount as quantified by this Court had already been deposited. Therefore, the balance amount should be deposited within the time as mentioned above. On such deposit, the claimant is permitted to withdraw the said amount, less the amount already withdrawn, if any.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To

1. The Motor Accident Claims Tribunal/ III Additional District and Sessions Judge, Tirunelveli.

2. The General Manager, Tamil Nadu State Transport Corporation Limited, Vannarpettai, Tirunelveli.

+1 CC to M/s.P.PRABHAKARAN, Advocate ( SR-85855[F] dt.09/09/2019 ) +1 CC to M/s.V.SASIKUMAR, Advocate ( SR-86060[F] dated 10/09/2019 ) Rev.Apl.C.(MD)No.150 of 2019 09.09.2019 ias JMN(12.09.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2