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CDJ 2026 MHC 7345
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| Court : Before the Madurai Bench of Madras High Court |
| Case No : WP(MD) NO. 21723 of 2023 & W.M.P(MD)No. 18118 of 2023 |
| Judges: THE HONOURABLE MR. JUSTICE M. DHANDAPANI & THE HONOURABLE MR. JUSTICE N. DILIP KUMAR |
| Parties : Gracy, Sivagangai & Others Versus The Additional Registrar General, High Court of Madras, Madurai Bench, Madurai & Others |
| Appearing Advocates : For the Petitioners: S. Srinivasa Raghavan, Advocate. For the Respondents: R1 to R4 & R8, D.Sivaraman, R5 & R6, J.Barathan, Additional Advocate General, Assisted by J. Saranya, R7, C. Jawahar Ravindran, Advocates. |
| Date of Judgment : 29-09-2026 |
| Head Note :- |
Constitution of India - Article 226 -
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| Summary :- |
1. Statutes / Acts / Rules / Orders Mentioned:
- Article 226 of the Constitution of India
2. Catch Words:
- Writ of Mandamus
- Interest
- Compensation
- Mental agony
3. Summary:
The petitioners sought a mandamus directing the respondents to pay a lump sum of Rs.14,29,605.02 with interest and an additional Rs.10,00,000 as compensation for mental agony. The award of Rs.41,00,000 was enhanced to Rs.1,65,00,000 by this Court, which was duly deposited by the insurance company. However, earlier deposits of Rs.25,000 and Rs.50,04,159 were not invested, depriving the petitioners of interest. The Principal District Judge reported that the amounts were kept in a savings bank account, accruing Rs.7,11,605 as interest. The Court held that the calculated interest is payable and declined to award any further interest or compensation. Accordingly, the Principal District Judge was directed to disburse Rs.7,11,605 within four weeks. The petition was disposed of without any order as to costs.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
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(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to pay the petitioners a sum or Rs. 14,29,605.02 (Rupees Fourteen Lakhs Twenty Nine Thousand Six Hundred Five and Paise two only) together with accrued interest thereon arising out of award dated 9.5.2017 made in MCOP No.111 of 2014 on the file of the Motor Accident Claims Tribunal, (Special Court for EC and NDPS Act Cases) Pudukkottai, either Jointly or severally from this day, besides a compensation of Rs. 10,00,000/- (Rupees ten Lakhs only) towards mental agony caused to the petitioners and cost of this writ petition.)
M. Dhandapani, J.
1. W.M.P.(MD)No.15927 of 2026 has been filed seeking permission to file a single Writ Petition is ordered.
2. This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to pay the petitioners a sum of Rs.14,29,605.02 (Rupees Fourteen Lakhs Twenty-Nine Thousand Six Hundred and Five and Paise Two only), together with accrued interest thereon, arising out of the award dated 09.05.2017 passed in M.C.O.P.No. 111 of 2014 on the file of the Motor Accident Claims Tribunal (Special Court for EC and NDPS Act Cases), Pudukkottai, either jointly or severally, and also to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) towards compensation for the mental agony caused to the petitioners and the costs of the Writ Petition.
3. The learned counsel appearing for the petitioners would submit that the first petitioner is the mother of the minor second petitioner. On 31.12.2013, the first petitioner's husband and her elder minor daughter, aged about three years, died in a road accident. Thereafter, the petitioners filed a claim petition in M.C.O.P.No.111 of 2014 on the file of the Motor Accident Claims Tribunal (Special Court for EC and NDPS Act Cases), Pudukkottai, claiming compensation of Rs.2,96,48,205/- together with interest at the rate of 12% per annum.
4. The learned Tribunal, after adjudication, passed an award dated 09.05.2017, awarding a sum of Rs.41,00,000/- as compensation. Seeking enhancement of the compensation, the petitioners preferred an appeal in C.M.A.(MD)No.101 of 2018 before this Court. The said appeal was disposed of by this Court on 31.03.2021, enhancing the compensation to Rs.1,65,00,000/-. The enhanced amount was deposited by the Insurance Company. There is no dispute with regard to the enhanced amount.
5. However, prior to the order passed by this Court in the appeal, the Insurance Company had initially deposited a sum of Rs.25,000/- on 21.08.2017. Thereafter, the balance amount of Rs.50,04,159/- was deposited on 09.01.2018. However, the staff of the District Judiciary did not make term deposits in respect of the said amounts. Consequently, the petitioners were deprived of the interest that could have accrued on the said amounts from the respective dates of deposit until 18.08.2021. Aggrieved by the same, the present Writ Petition has been filed seeking payment of interest on the said amounts.
6. This Court, by order dated 24.09.2026, directed the learned Principal District Judge, Pudukkottai, to file a report with regard to the deposit of Rs.25,000/- on 21.08.2017 and Rs.50,04,159/- on 09.01.2018, up to 18.08.2021, and to report as to whether the said amounts were deposited in any Nationalised Bank or Treasury account and also as to how the said amounts were dealt with during the period from 21.08.2017, 09.01.2018 and 18.08.2021.
7. Pursuant to the said direction, the learned Principal District Judge, Pudukkottai, has filed a report dated 28.09.2026. In the said report, it has been stated that the sum of Rs.25,000/- was deposited in the Savings Bank account maintained by the District Court and that the sum of Rs.50,04,159/- was also deposited in the said Savings Bank account.
8. It is further stated in the report that interest amounting to Rs.7,07,779/- accrued on the sum of Rs.50,04,159/- for the period from 21.08.2017 to 22.10.2021. In respect of the sum of Rs.25,000/-, interest amounting to Rs.3,826/- accrued for the same period. Thus, the total interest component works out to Rs.7,11,605/-.
9. The learned counsel appearing for the petitioners would submit that the Bank has calculated interest only at the Savings Bank account rates, namely, 4%, 3.25%, 3%, 2.75% and 2.70%, as applicable from time to time. It is further submitted that this Court may award reasonable interest for the entire period, either at a uniform rate or by fixing a lump-sum amount as compensation.
10. Heard the learned counsel appearing for the petitioners and perused the report filed by the learned Principal District Judge, Pudukkottai.
11. In view of the categorical report submitted by the learned Principal District Judge, Pudukkottai, this Court is of the view that the interest amount actually accrued on the amounts deposited in the Savings Bank account can be directed to be disbursed to the petitioners. The question of awarding any further amount towards interest or compensation does not arise for consideration in the present proceedings.
12. Accordingly, the learned Principal District Judge, Pudukkottai, is directed to disburse a sum of Rs.7,11,605/- (Rupees Seven Lakhs Eleven Thousand Six Hundred and Five only) to the petitioners, within a period of four weeks from the date of receipt of a copy of this order.
13. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
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