Arockia Sahaya Rani v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14-08-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY in CMA(MD).No.912,699 & 913 of 2024 C.M.P.(MD)No.13426 of 2025

1. Arockia Sahaya Rani

2. Minor.Dharun

3. John Hendri (Minor 2nd appellant are represented by his mother and natural guardian, the first appellant herein) Petitioner(s) Vs The Managing Director Tamil Nadu State Transport Corporation, New Junction Road, Kumbakonam, Thanjavur District.

Respondent(s) CMP(MD) NO. 13437 of 2025

1. Seethalakshmi

2. Minor.Anukiruthika

3. Minor. Harini

4. Chellammal (Minor appellants 2 and 3 are represented by his mother and natural guardian The first appellant herein) Appellant(s) Vs 1/5

The Managing Director Tamil Nadu State Transport Corporation,New Junction Road, Kumbakonam,Thanjavur District.

Respondent(s) CMP(MD) NO. 13444 of 2025

1. Neelavathi

2. Thenmozhi

3. Durgadevi

4. Renukadevi

5. Minor.Sarmiladevi

6. Minor.Sanjeevi

7. Minor.Mukilan (Minor appellants 5 to 7 are represented by his mother and natural guardian The first appellant herein) Appellant(s) Vs The Managing Director Tamil Nadu State Transport Corporation,New Junction Road, Kumbakonam,Thanjavur District.

Respondent(s) (In all petitions) For Appellant(s):

G.Karnan For Respondent(s):

Mr.Micheal Heldon Kumar

ORDER

These petitions have been filed to withdraw the entire amount deposited by the respondent / Transport Corporation.

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2. The learned Counsel appearing for the petitioners submitted that the issue pertains to whether a sum of Rs.8,000/- can be fixed for quantifying the compensation, or whether the salary certificate of the deceased should be taken int o consideration for fixing the compensation. The said issue had been referred to the a Larger Bench and the same is pending.

3. The learned Counsel appearing for the respondent vehemently oppossed for withdrawing the said amount.

4. After hearing the rival submission, this Court is of the opinion that the respondent is not disputing that Rs.8000/- shall be taken for fixing the salary. However, the objection raised by the respondent is that the salary certificate cannot be taken into account. When there is no dispute to fix Rs.8,000/- then the petitioners are entitled to withdraw the compensation. Since the respondent has calculated the compensation for Rs.8,000/-, the respondent cannot object for withdrawing the compensation amount.

5. Therefore, the petitioners are permitted to withdraw the sum of Rs.12,00,293/-, Rs.10,33,540/- and Rs.7,14,565/- respectively. 3/5

6. Accordingly, these Civil Miscellaneous Petitions are allowed. sd/- 14/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

jbr TO 1 The Deputy Commissioner Of Labour, Trichy. 2 The Managing Director, Tamil Nadu State Transport Corporation, New Junction Road, Kumbakonam, Thanjavur District.

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+3 CC to M/s.G.KARNAN, Advocate ( SR-8805,8806,8807[I] dated 14/08/2025 )

ORDER

IN in CMA(MD).No.912,699 & Date :14/08/2025 AS/25.08.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5