The Managing Director Tamil Nadu State Transport Corporation vs Arunachalam

C.S. Karnan, J.—The revision Petitioner has filed the above revision against the judgment and decree dated 28.01.2010 in E.P. No. 40 of

2010 in M.C.O.P. No. 304 of 2008 in order dated 19.10.2010 on the file of the Motor Accidents Claims Tribunal, Principal Subordinate Judge,

Tenkasi.

The short facts of the case are as follows:

(i) The Respondent/claimant has filed a claim case in MCOP No. 304 of 2008 on the file of the Motor Accidents Claims Tribunal/Principal

Subordinate Court, Tenkasi against the Tamil Nadu State Transport Corporation Limited for claiming compensation of a sum of Rs. 10,00,000/-

with interest. The said claim petition had been resisted by the revision Petitioner after filing counter statement. In the said claim case, the learned

Motor Accidents Claims Tribunal/Principal Subordinate Judge, Tenkasi, after adjudication had awarded a compensation of a sum of Rs.

1,22,129/- together with interest at the rate of 7.5% p.a. from the date of filing the claim petition till date of payment of compensation. The said

award was passed on 28.01.2010. As per the learned Tribunal''s order, the revision Petitioner has not deposited the said amount within the

stipulated period. Therefore, the claimant has filed the execution petition in E.P. No. 40 of 2010 against the revision Petitioner. After duly serving

notice on the revision Petitioner, the learned Judge passed an attachment order on 28.10.2010, attaching the bus bearing registration No. TN-74-

N-0959. Aggrieved by the said attachment order, the Respondent corporation has filed the above revision.

The Learned Counsel for the revision Petitioner argued that the award amount of a sum of Rs. 1,22,129/- is on the higher side, since the

claimant had sustained simple injuries. The tribunal had adopted multiplier method and awarded compensation, which is not sustainable under law.

Further, the Learned Counsel for the revision Petitioner has admitted that no appeal has been filed against the award and decree. For depositing

the award amount, some legal formalities have to be observed for which some time is requested to comply with the order of the tribunal. The bus is

a state owned corporation bus and plying for public convenience. Therefore, the public will be put into inconvenience, if the bus is attached.

The Learned Counsel for the Respondent/claimant argued that the claim case was contested. Thereafter, the learned tribunal awarded the

compensation on merits on 28.10.2010. The said award amount has not been deposited within the stipulated period as per the order of the claims

Tribunal. Hence, the claimant has initiated execution proceedings against the revision Petitioner. The Learned Counsel further argued that, against

the said award and decree, no appeal has been filed by the revision Petitioner. Therefore, the award is an executable one.

Per contra, the Learned Counsel for the revision Petitioner submitted that the State Transport Corporation has given an undertaking for

depositing the entire compensation amount with accrued interest thereon within a period of eight weeks. Supporting this contention, the revision

Petitioner has filed an affidavit.

In the facts and circumstances of the case and arguments advanced by the Learned Counsels on either side and on perusing the attachment

order passed by the learned Motor Accidents Claims Tribunal, this Court is of the considered opinion that the State Transport Corporation is a

State owned corporation and the subject matter is attachment of the bus which is being plied for public convenience. Further, the corporation has

other movable and immovable properties, which can be attached for the said compensation instead of the bus which is being plied everyday for

public use. Therefore, the above revision petition deserves to be allowed. Accordingly allowed, on condition that the revision Petitioner can

comply with the impugned award and decree passed by the learned Motor Accidents claims Tribunal/principal Subordinate Court, Tenkasi in

MCOP No. 304 of 2008 dated 28.01.2010, within a period of eight weeks from the date of receipt of this order, failing which attachment order

will come into force. After such deposit has been made, it is open to the Respondent/claimant to withdraw the entire compensation amount with

accrued interest thereon, lying in the credit of E.P. No. 40 of 2010 in MCOP No. 304 of 2008, on the file of Motor Accident Claims

Tribunal/Principal Subordinate Court, Tenkasi, after filing memo along with this order.

In the result, the above civil revision petition is disposed of with the above observations. consequently, the order and decretal order passed in

E.P. No. 40 of 2010 in M.C.O.P. No. 304 of 2008, dated 28.01.2010 is kept in abeyance. Further, this Court directs the learned Motor

Accident Claims Tribunal to release the bus bearing registration No. TN-74-N-0959 at once. Accordingly ordered. Connected miscellaneous

petitions are closed. There is no order as to costs.