Mehathaj Begum v. Tamil Nadu State Transport Corporation Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the First day of September Two Thousand and Twenty Three PRESENT The Hon`ble Dr.Justice ANITA SUMANTH and The Hon`ble Mr.Justice R.VIJAYAKUMAR C.M.P.(MD)No.11064 of 2023 in C.M.A.(MD)No.654 of 2023 MEHATHAJ BEGUM ... PETITIONER/RESPONDENT/ PETITIONER Vs M/S.TAMIL NADU STATE TRANSPORT CORPORATION LIMITED, PERIYAMILAGUPARAI, TRICHY-1.

... RESPONDENT/APPELLANT/ RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to withdraw the 50 percentage amount deposited by the respondent herein to the credit of MCOP No.63 of 2020 on the file of Honourable Motor Accidents Claims Tribunal / III Sub Court Tiruchirappalli and pass such other appropriate order as this Honourable Court may deem fit and thus render justice.

PRAYER IN C.M.A.(MD)No.654 of 2023:

To set aside the judgment and decree passed by the Motor Accident Claims Tribunal, III Additional Sub Judge, Tiruchirappalli in MCOP No.63 of 2020 dated 29.09.2021. 1/3

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.SUDHAGAR NAGARAJ, Advocate for the petitioner and of MR.A.V.B.KRISHNAKANTH, Standing Counsel on behalf of the Respondent, the court made the following order:- (Order of the Court was made by DR.ANITA SUMANTH, J.) Direction under order dated 16.08.2023 has been complied with. A memo is filed to this effect.

2. For the reasons set out seeking withdrawal of 50% of the amount deposited as well as there being no objection put forth by the Transport Corporation, this petition is ordered.

3. Taking benefit of a typographical error in order dated 17.07.2023, the Transport Corporation has transferred only a sum of Rs.27,22,968/- as against the sum awarded being Rs.39,27,461 /- inclusion of interests and costs. Thus, the balance of the amount ie., Rs.12,04,493/- to ensure that the sum total of Rs.39,27,461/- shall be deposited within a period of one week from today. 2/3

4. The petitioner seeks withdrawal of 50% of the amount (of Rs.39,27,461/-) and is so permitted by presenting necessary papers before the Motor Accident Claims Tribunal / III Additional Sub Judge, Tiruchirappalli. sd/- 01/09/2023 / TRUE COPY / 01/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

sm TO 1.THE MOTOR ACCIDENTS CLAIMS TRIBUNAL / III SUB COURT TIRUCHIRAPPALLI 2.M/S.TAMIL NADU STATE TRANSPORT CORPORATION LIMITED, PERIYAMILAGUPARAI, TRICHY-1.

+1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate ( SR-13093[I] dated 01/09/2023 )

ORDER

IN C.M.P.(MD)No.11064 of 2023 in C.M.A.(MD)No.654 of 2023 Date :01/09/2023 RK (01/09/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3