S ADHINARAYANAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Original Application in O.A.No.1599 of 2001 before the Tamil Nadu Administrative Tribunal is the present writ petition.

(2.) THE petitioner was working as Car Driver in District Backward Class and Minority Welfare Office, THEni. On 14.09.1994, Car No. TMG 9769, which he drove, met with an accident at Rajapalayam Town. Due to the accident, one pedestrian Mr.M.Neerathalingam sustained injuries. He filed an application in M.A.C.O.P.No,297 of 1995 before the Sub Court (Court of Motor Accident Claims Tribunal), Srivilliputhur, under Section 140 and 166 of Motor Vehicle Act, 1988 claiming compensation of Rs.2,90,000/- for the injuries sustained by him. THE Tribunal held that the accident was due to the negligence on the part of the petitioner and awarded a compensation of Rs.60,000/- with 12% interest per annum to the injured. Against the said award, the Collector, Virudhunagar, the third respondent herein, filed an appeal in C.M.A.No,514 of 1999 before this Court. While granting stay, this Court imposed a condition that the entire amount should be deposited within eight weeks from the date of the said order. Accordingly, a sum of Rs.81,220/- was deposited. While sanctioning a sum of Rs.81,220/- by the Government of Tamil Nadu in G.O.Ms.No,297, Revenue (RA.2(2) Department, dated 11.06.1999, it is stated that action should be taken to recover the amount from the driver, besides taking disciplinary action. THEreafter, the fourth respondent passed the impugned order dated 19.11.1999 directing the petitioner to pay the sum of Rs.81,220/- forthwith.

(3.) HEARD Ms.A.Shanmugapriya, learned counsel for the petitioner and Mrs.C.K.Vishnu Priya, learned Additional Government Pleader for the respondents.