Pay 50 pc of comp'sation awarded by MACT to victim:HC to TNSTC

The Madras High Court has directed Tamil Nadu State Transport Corporation, Salem, to pay 50 per cent of the compensation, awarded by Motor Accident Claims Tribunal (MACT) to an accident victim, in three installments.
In 2008, a bus accident left research engineer S Thenmozhi (30) a paraplegic. She moved MACT which in its April, 2013 order, directed TNSTC to pay her Rs 57.90 lakh. TNSTC subsequently moved the High Court which in January, 2014 granted a conditional stay, directing the Corporation to deposit 50 per cent of Rs 74.70 lakh (57.90 lakh as compensation and 16.80 as interest) within eight weeks.

As this too was not followed, Thenmozhi filed an execution petition.
Passing orders on the execution petition yesterday, MACT small causes court V directed attaching TNSTC's movable assets.
Submitting an affidavit, the Assistant Manager (legal) of TNSTC said it was unable to comply with the order because the financial condition of the Corporation was not viable and the award was a large amount. As such, the delay was 'neither willful nor wanton.'
Also, after the city court's order, it had deposited Rs 10 lakh before the Tribunal which was shortly going to attach the properties, the affidavit said, adding it was ready to deposit the balance within 12 weeks.

It said if the appeal was not allowed, TNSTC would be put to 'irreparable losses and immense hardship.'
Additional Advocate General, appearing on behalf of TNSTC, said 12 weeks was the maximum time period and the Corporation would deposit the amount before the deadline.
The bench, comprising Justices S Rajeswaran and S Vaidyanathan, then directed TNSTC to pay the balance Rs 28 lakh in three installments. An amount of Rs nine lakh had to be paid by July 31, the second before or on August 28 and the final by September 2014, the bench said.