M.Saraswathy v. The Zonal Manager

JUDGMENT (Judgment of the Court was delivered by the Hon'ble Chief Justice) The writ appeal assails the order dated 03.06.2024 passed in W.P.No.253 of 2021, which was dismissed by the learned Single Judge.

¶2Appellant filed the writ petition seeking a direction to respondents to pay a compensation of Rs.1.00 crore for the medical expenses incurred by him till date and for the cost of performing the surgeries as well as for the trauma experienced by him continuously till the date in light of his representation dated

05.06.2020.

¶3Earlier, appellant had filed a suit in O.S.No.70 of 1992 before the Sub Court, Udumalpet, claiming compensation. The suit was decreed by judgment and decree dated 28.04.1999, directing respondents to pay a sum of Rs.3.00 lakh with interest at the rate of 12%. Thereafter, appellant did not file any appeal suit seeking enhancement of compensation.

¶4The learned Single Judge, finding that appellant had not filed any appeal against the judgment and decree passed in the suit, seeking enhancement of compensation, but has approached this Court after a period of 31 years seeking compensation, dismissed the writ petition as devoid of merits.

¶5Learned counsel for appellant contended that the learned Single Judge erred in dismissing the writ petition, as, the learned Single Judge did not consider the fact that the compensation amount of Rs.3.00 lakh is very meagre and that it would not be sufficient to meet the expenses for medical treatment, surgeries etc.

¶6From the pleadings of the writ petition, we find that there is no explanation for the inordinate delay of 31 years in approaching this Court. Secondly, once suit has been decreed in favour of appellant, he ought to have filed an appeal seeking enhancement of compensation, which was not done. As there was no explanation for the delay 31 years in approaching this Court, the learned Single Judge has rightly dismissed the writ petition. We do not find any error in the order passed by the learned Single Judge.

¶6The writ appeal is dismissed. (SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J)

21.08.2026 Index : kpl To

¶1The Zonal Manager 50, State Bank Road, (Besides R/y Station) Gopalapuram, Coimbatore-641 018.

¶2The Branch Manager Pollachi Main Branch, 1, Palakkad Raod, Pollachi-642 001. THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl)

21.08.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.08.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN M.Saraswathy W/o. M.Mylsamy, 38-A, Priya Nagar, Telungupalayam Post, Perur Main Road, Coimbatore. .. Appellant Vs. 1. The Zonal Manager 50, State Bank Road, (Besides R/y Station) Gopalapuram, Coimbatore- 641 018. 2. The Branch Manager Pollachi Main Branch, 1, Palakkad Raod, Pollachi-642 001. .. Respondents Prayer :Appeal filed under Clause 15 of the Letters Patent seeking to set aside the order dated 03.06.2024 made in WP.No.253 of 2021. For Appellant : Mr.K.S.Karthik Raja