This writ petition under Article 226 sought 1 crore compensation from the State Bank of India. The court dismissed it, noting the petitioner failed to appeal a prior 1999 decree awarding Rs.3 lakh, and filing this petition 31 years later rendered it devoid of merits.
The writ petition dismissing the petitioner's claim for Rs.1 crore compensation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.253 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.253 of 2021
M.Saraswathy ... Petitioner
PRAYER: Writ Petition is filed under Article 226 of Constitution of India p raying to issue a Writ of Mandamus directing the respondents to pay a compensation of Rs.1 crore for the medical expenses incurred by the petitioner till date and for the cost of performing the surgeries as well as for the trauma experienced by the petitioner continuously till date in light of the petitioner's representation dated 05.06.2020.
For Petitioner : Mr.K.S.Karthik Raja
For Respondents : Mr.K.Chandrasekaran, Standing Counsel
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ORDER
W.P.No.253 of 2021
This writ petition has been filed for direction to the respondents to pay a compensation of Rs.1 crore for the medical expenses incurred by the petitioner till date and for the cost of performing the surgeries as well as for the trauma experienced by the petitioner continuously till date in light of the petitioner's representation dated 05.06.2020.
same compensation in OS.No.70 of 1992 on the file of the Sub Court, Udumalpet and the same was decreed by the judgment and decree dated 28.04.1999 thereby directed to pay a sum of Rs.3,00,000/- with interest at the rate of 12%. However, the petitioner failed to file any appeal suit for enhancement of the compensation as against the judgment and decree passed by the trial court in OS.No.70 of 1992. However, the respondent filed appeal suit in AS.No.183 of 1999 and the same was also dismissed by the judgment and decree dated 23.03.2000 on the file of the II Additional District Court, Coimbatore. After dismissal of the appeal suit,
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W.P.No.253 of 2021
the respondents duly complied with the judgment and decree passed by the trial court in OS.No.70 of 1992. After a period of 31 years from the date of occurrence, the present writ petition has been filed seeking compensation.
be dismissed. Accordingly, this writ petition is dismissed. There shall be
no order as to costs.
03.06.2024
Neutral citation: Yes/No Index: Yes/No Speaking/Non-speaking order lok
W.P.No.253 of 2021
G.K.ILANTHIRAIYAN, J.
lok
To
W.P.No.253 of 2021
03.06.2024
1 issue framed by the court
Whether the writ petition seeking dipendent compensation after 31 years, when a prior decree remains undisputed, has merits.
1 provisions across 1 enactments
M.Saraswathy
The Zonal Manager, State Bank of India
The Branch Manager, State Bank of India, Pollachi Main Branch
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
