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Judgment
B.Pugalendhi, J
The Tamil Nadu State Transport Corporation, Salem, filed this Civil Revision Petition as against the order dated 19.04.2022 passed by the learned VI Additional District Judge, Madurai, in E.P.No.50 of 2018 in M.C.O.P.No.955 of 2015.
The respondents 1 to 3 /claimants filed a claim petition before the Motor Accident Claims Tribunal (VI Additional District Court) Madurai, claiming compensation of Rs.75,00,000/- in respect of death of one Senthilkumari, who is the wife of the first respondent, in an accident which had occurred on 07.10.2014. After the trial, the Tribunal, by Judgment and Decree dated 09.03.2018, awarded a sum of Rs.37,97,080/- as compensation to the respondents 1 to 3 and directed the Transport Corporation, Salem to deposit the said award amount along with interest at the rate of 7.5% p.a. from the date of petition till the date of realization. In order to execute the said decree, the claimants/respondents 1 to 3 filed a Execution Petition in E.P.No.50 of 2018 before the Executing Court. The petitioner/Transport Corporation filed an appeal before this Court in C.M.A.(MD)No.708 of 2021, which was dismissed by this Court on 23.08.2021. Thereafter, the petitioner/Transport Corporation deposited a sum of Rs.48,59,810/- before the Tribunal on various dates. By observing that the petitioner/Transport Corporation has to pay a sum of Rs.57,90,547/- as per the award and instead, they have wrongly calculated the amount and paid only a sum of Rs.48,59,816/-, the Executing Court directed the petitioner/Transport Corporation to pay the balance amount of Rs.9,30,737/-. Since the petitioner/Transport Corporation has not paid the balance amount of Rs.9,30,737/-, the Executing Court, by order dated 19.04.2022 allowed the Execution Petition and ordered for attachment of three buses bearing Reg.No.TN30 N 2003, TN30 N 1983 and TN30 N 1917. Aggrieved over the same, the present Civil Revision Petition has been filed.
The learned counsel appearing for the petitioner/Transport Corporation submits that they have preferred a Special Leave Petition in Diary No.17147 of 2022 against the Judgment passed by this Court in C.M.A.No.708 of 2021 dated 23.08.2021. He further submits that without prejudice to their right in SLP diary No.17147 of 2022, the Transport Corporation is also willing to deposit the remaining amount of Rs.9,30,737/- as calculated by the Executing Court within one week. The learned counsel for the petitioner has also filed a memo to that effect.
Based on the memo filed on behalf of the petitioner Transport Corporation and that a Special Leave Petition is also No.708 of 2021, this Court is inclined to entertain this petition and order notice to the respondents.
Accordingly, notice is ordered to the respondents returnable in two weeks. Private notice is also permitted.
There shall be an order of interim stay of the order dated 19.04.2022 passed by the learned VI Additional District Judge, Madurai, in E.P.No.50 of 2018 for a period of two weeks and the learned VI Additional District Judge, Madurai, shall release the buses bearing Reg.No.TN30 N 2003, TN30 N 1983 and TN30 N 1917 forthwith.