Pandian Alias Minor Pandi v. Tamilnadu State Transport Corporation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.M.P.(MD)No.11957 of 2022 and C.M.A.(MD) No.SR72563 of 2022 Pandian alias Minor Pandi

...Petitioner/appellant

Vs.

1.Tamil Nadu State Transport Corporation, Kumili Depo, Kumili.

Through Managing Director.

2.The Tamil Nadu State Transport Corporation, Ring Road, Madurai, Through Managing Director.

3.The Tamil Nadu Transport Corporation, Dindigul, Madurai Division, Through Managing Director.

...Respondents/Respondents

PRAYER in C.M.P.(MD)No.11957 of 2022: This Civil Miscellaneous Petition is filed under Section 173(2) of the Motor Vehicles Act to condone the delay of 4784 days in preferring the appeal as against the judgment dated 22.06.2007 in M.C.O.P.No.736 of 2000 on the file of the Additional District and Sessions Judge/Fast Track Court No.3, Madurai.

PRAYER in C.M.A.(MD)No.SR72563 of 2022: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 to enhance the quantum 1/4

of compensation award to the tune of Rs.75,000/- that apart from the amount of compensation already awarded in 22.06.2007 in M.C.O.P.No.736 of 2006 on the file of the Additional District and Sessions Judge/Fast Track Court No.3, Madurai. For Petitioner : Mr.V.Sakthivel For R1 & R3 : Mr.K.A.Thirumalaiappan For R2 : No Appearance

ORDER

This application has been filed to condone the delay of 4784 days in preferring the appeal as against the judgment, dated 22.06.2007 in M.C.O.P.No. 736 of 2000 on the file of the Additional District and Sessions Court/Fast Track Court No.3, Madurai.

2.In compliance of the order of this Court, dated 07.06.2003, the concerned Official of the respondent appeared in person before this Court. He submitted that the entire compensation awarded by the Tribunal is paid to the claimant. 3.The learned counsel for the petitioner submitted that since the amount awarded by the Tribunal is not deposited, the claimant had filed the present appeal for enhancement of compensation. Now the amount awarded by the Tribunal is 2/4

released and hence, the application may be dismissed. Accordingly, the Civil Miscellaneous Petition to condone the delay of 4784 days in preferring the appeal is dismissed. Consequently, the Civil Miscellaneous Appeal is also rejected at the SR stage itself. No costs.

16.06.2023 Index : Yes/No Internet : Yes/No ta To 1.The Additional District and Sessions Court /Fast Track Court No.3, Madurai 2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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N.SATHISH KUMAR , J.

ta C.M.P.(MD)No.11957 of 2022 and C.M.A.(MD) No.SR72563 of 2022 16.06.2023 4/4