Madras High Court
CRP/1762/2023 of Tamil Nadu State Transport Corporation Ltd Vs Murugan on 9 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP. No.1762 of 2023
and CMP. Nos. 11434 and 11436 of 2023
1.Tamil Nadu State Transport Corporation Limited, Rep. by its Managing Director, Kancheepuram.
2.Tamil Nadu State Transport Corporation Limited, Rep. by its Managing Director, Tiruvannamalai.
..Petitioners
Vs
1.Murugan
2.Rajasekar
3.Minor Vijayasanthi
4.Minor Sumathi
(Minors 3 and 4 are rep., by
Next fried and Father 1st Respondent)
..Respondents
Prayer: This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed in E.P. No.106 of 2021 in MCOP No.117
of 2009, dated 10.02.2023 on the file of the MACT (learned Subordinate Judge)
at Cheyyar).
For Petitioners
:
Mr.T.Chandrasekaran
For Respondent(s) :
Mr.B.Jawahar
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ORDER
The State Transport Corporation is the revision petitioners, aggrieved by the order in E.P. No.106 of 2021, filed pursuant to MCOP proceedings in MCOP No.117 of 2009 dated 10.02.2023 on the file of the Motor Accident Claims Tribunal, Sub Judge, Cheyyar.
2. I have heard Mr.T.Chandrasekaran, learned counsel for the revision petitioners and Mr.B.Jawahar, learned counsel for the respondents.
3. The only ground of challenge to the impugned order in the Execution Proceedings is that the Tribunal has not given credit to Rs.25,000/- that was deposited to the credit of MCOP. No.117 of 2009 on 07.11.2019 and further, CMA.SR. No.46820 of 2021 has already been filed challenging the award of the Tribunal before this Court. Admittedly, though Mr.T.Chandrasekaran, learned counsel for the petitioners stated that the Transport Corporation was in the process of settling the disputes with the claimants, despite reasonable opportunities given to the petitioners, no settlement has been reached. Moreover, till date, there is no order of stay granted by this Court in any Appeal proceedings, challenging the award of the Motor Accident Claims Tribunal.
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4. In such view of the matter, I do not see how the Executing Court fell in error in ordering the Execution Petition in favour of the respondents/claimants. However, Mr.Jawahar, learned counsel for the respondents would invite my attention to the order dated 25.05.2023 passed in the present revision petition directing the petitioner to pay Rs.15 lakhs to the respondents. However, it appears that instead of paying the claimants, the petitioner has deposited Rs.15 lakhs to the credit of MCOP No.117 of 2009. Subsequently, by order dated 28.03.2025, this Court permitted the respondents to withdraw 50% of the amount of Rs.15 lakhs deposited by the petitioners.
5. In view of the revision petition being dismissed, the respondents are at liberty to seek withdrawal of remaining the amounts lying the credit of MCOP. No.117 of 2009, together with accrued interest if any. In respect of the remaining amounts due, after adjusting Rs.15,00,000/- and Rs.25,000/-. the respondents are at liberty to proceed with E.P. No.106 of 2021, seeking to attach the bus belonging to the revision petitioners/Transport Corporation, in the manner known to law.
6. In fine, this Civil Revision Petition is dismissed. Consequently, connected Miscellaneous Petitions are also dismissed. No costs. 09.09.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP
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P.B.BALAJI, J. RKP To The MACT (learned Subordinate Judge) at Cheyyar). CRP. No.1762 of 2023 and CMP. Nos. 11434 and 11436 of 2023 09.09.2026
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