At, Before the Madurai Bench of Madras High Court
By, THE HONOURABLE MR. JUSTICE N. SESHASAYEE
For the Petitioners: C. Jeganathan, Advocate. For the Respondent: P. Prabhakaran, Advocate.
(Prayer: The Civil Revision Petition is filed under Article 227 of the Constitution of India, against the order dated 13.07.2019 passed in Lok Adalat Case No.243/2019 on the file of the learned National Mega Lok Adalat, Theni in so far as non awarding of interest due to default of deposit amount by the respondent within the time stipulated by the learned National Mega LokAdalat, Theni.)1. This Civil Revision Petiton is filed challenging the order dated 13.07.2019 passed in Lok Adalat Case No.243/2019 on the file of the learned National Mega Lok Adalat, Theni in so far as non awarding of interest due to default of deposit amount by the respondent within the time stipulated by the learned National Mega LokAdalat, Theni.2. The learned counsel for the respondent appeared before this Court along with Mr.M.Suresh, Assistant Manager, TNSTC, Dindigul.3. To give a completion to the proceedings, this Court considers it appropriate to extract the order passed by this Court on 20.11.2020;"2. The case of the petitioners is that they are the victims of a road accident and before the National Lok Adalat held on 13.07.2019, the matter was settled in L.A.No.243 of 2019 and the award stipulated 4 weeks for deposit of the award amount, but that was not deposited. Even an Execution Petition has been filed, still the amount is not deposited.3. The learned counsel argued that the respondent has literally enticed the revision petitioner with a promise to pay compensation, and hence, the petitioner has even sacrificed Rs.70,000/- out of the amount awarded by the Tribunal. The money was not paid and it is a huge fraud which the Transport Corporation has played on the revision petitioner.4. Prima facie this Court has satisfied that the respondent and its official has played fraud not only on the revision petitioner but also fraud on the Legal Services Authorities Act, 1987.5. The awards are passed trusting the word of the parties and it is made non-appealable too. Even though such awards are executable awards, when there is material to indicate that there is a probable abuse of statutory and judicial process and playing fraud on the statute and the court by making a false promise that the award would be complied with on its terms, then it requires that such erring party is brought to book."4. Heard the learned counsel for the revision petitioners as well as the learned counsel for the respondent Transport Corporation.5. This Court was informed that the Award amount was not deposited in time as funds were not made available. It may be an oversight that the funds were not made available to satisfy the Award passed in Lokadalat Case No.243 of 2019 but, that does not address the situation, which the failure to deposit has created. It may have to be emphasized that no amount of compensation given to the victims of road accident would restore him to the original position, and the compensation awarded and paid are mere consolation. Therefore, any delay will only aggravate their agony. This will have a direct bearing on the right to dignified life of the victims in terms of Article 21 of the Constitution of India. This Court cannot plea helplessness to address the issue when it sits to exercise its power under Article 227 of the Constitution of India. Since this is a Constitutional Court, Court has ample power to invoke Article 226 of the Constitution of India as well. This Court was informed that the entire Award amount has since been deposited but, not before the present Civil Revision Petition was filed. This Court was further informed that in terms of the Award passed by the Megalokadalat, the interest that becomes payable at the rate so determined by the Tribunal for the default-period is Rs.1,41,000/-.6. When the Court was about to pass order, this Court was informed that the respondent Transport Corporation shall be able to pay a sum of Rs.1,00,000/- as interest for the default period.7. Mr.C.Jeganathan, learned counsel for the revision petitioners, after taking some time to consider, ha
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s informed the Court that he agrees for the said sum of Rs.1,00,000/-.8. Taking into consideration the above facts and circumstances, the Respondent Transport Corporation is directed to pay the petitioner a sum of Rs.1,00,000/-(Rupees One Lakh only) as interest for the default-period on or before 11.01.2021.9. In the result, the Civil Revision Petition is disposed of as above. No costs.10. Post the matter for reporting compliance on 11.01.2021.