Minor Rajeswari, v. The General Manager,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Fourth day of September Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.7694 of 2018 IN CMA(MD) No.1397 of 2015 1.MINOR RAJESWARI, (THE 1ST PETITIONER IS A MINOR REPRESENTED BY HER MOTHER AND GUARDIAN KARTHIGAISELVI) 2.KARTHIGAISELVI, 3.PANDI 4.VEERAMMAL, 5.MUTHUPANDI, 6.KUMAR 7.ARUMUGAM 8.VEERALAKSHMI, ... PETITIONER/RESPONDENT/PETITIONER Vs THE GENERAL MANAGER, TAMILNADU STATE TRANSPORT CORPORATION, KARAIKUDI REGION. ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to transferred the award amount settled in CMA.No.1397 of 2015 from the Indian Bank, High Court Campus, Madurai to account of the Hon'ble Motor Accident Claims Tribunal/Additional District and Sessions Judge(PCR) Thanjavur in State Bank of India Main Branch at the Thanjavur and thus render justice.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.CHINNASAMY, Advocate for the petitioners and MR.P.PRABHAKARAN, Advocate for the Second Respondent, the court made the following order:- The present petition is filed to transfer the Award amount settled in CMA(MD).No.1397 of 2015, from the Indian Bank, High Court
Campus, Madurai to the account of the Motor Accidents Claims Tribunal / Additional District and Sessions Judge (PCR), Thanjavur in State Bank of India main Branch at Thanjavur.
2. Challenging the award passed by the Tribunal, the respondent / Transport Corporation has filed the above said CMA(MD). NO.7694 of 2018 and the same has been settled before the Lok Adalat on 16.07.2017. The respondent / Transport Corporation deposited the entire award amount in the Indian Bank, High Court Branch, Madurai to the credit of CMA and the petitioner is entitled to receive the said amount, in view of the settlement between the parties. In the circumstances, the petitioners, who are the claimants have come out with the present petition with the above said prayer.
3. The learned counsel appearing for the respondent / Transport Corporation submitted that the matter has been settled before the Lok Adalat on 16.07.2017 and the respondent has already deposited the award amount to the credit of above CMA and he has no objection to transfer the amount from the Indian Bank, High Court Branch, Madurai to the credit of MCOP.No.1326 of 2014, on the file of the Motor Accidents Claims Tribunal / Additional District and Sessions Judge (PCR), Thanjavur.
4. I have heard the learned counsel appearing on either side.
5. In view of said submission made by the learned counsel appearing for the respondent, this petition is ordered. The Manager, Indian Bank, High Court Branch, Madurai is directed to transfer the amount, which has been deposited in the CMA, to the credit of MCOP.No.1326 of 2014, on the file of the Motor Accidents Claims Tribunal / Additional District and Sessions Judge (PCR), Thanjavur, within a period of two weeks from the date of receipt of a copy of this order and Lok Adalat Award.
sd/- 24/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE ADDITIONAL DISTRICT AND SESSIONS JUDGE(PCR), MOTOR ACCIDENTS CLAIMS TRIBUNAL, THANJAVUR.
COPY TO:
THE MANAGER, INDIAN BANK, HIGH COURT BENCH, MADURAI +1. C.C. to MR.P.CHINNASAMY Advocate SR.No.86565
ORDER
IN CMP(MD) No.7694 of 2018 IN CMA(MD) No.1397 of 2015 Date :24/09/2018 AE/MMS/SAR2/05.10.2018/3P/4C