Madras High Court
Saminathan vs Logamanigandan on 17 April, 2021
CRP.NPD.No.1581 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.NPD.No.1581 of 2018
and CMP.No.8543 of 2018
1.Saminathan
2.Kathirvel ..Petitioners
Vs.
Logamanigandan ..Respondent
PRAYER:
The Civil Revision Petition is filed under Section 115 of CPC
against the docket order in EP.No.48 of 2015 in MCOP.No.424 of 2013
dated 19.02.2018 on the file of the Principal Sub Court, Tindivanam.
For Petitioners : M/s.Vennila Thambidurai
for Mr.M.Venkateswaran
For Respondent : Mr.P.Sankaranarayanan
ORDER
This civil revision petition is filed against the docket
order passed in EP.No.48 of 2015 in MCOP.No.424 of 2013 dated
19.02.2018 on the file of the Principal Sub Court, Tindivanam, thereby
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CRP.NPD.No.1581 of 2018
dismissing the petition to condone the delay in filing the petition to set
aside the exparte decree.
2. The petitioners are the respondents and the respondent
is the claimant. The respondent filed claim petition claiming compensation
of Rs.30,00,000/- for the injuries sustained by him. The first petitioner is
the owner of the vehicle and the second petitioner is the driver of the
vehicle. The respondent met with an accident with the second petitioner's
vehicle and sustained grievous injuries. Thereafter, FIR was registered as
against the second petitioner and registered in crime No.177 of 2013 and
he was charge sheeted by the Inspector of Police, Brahmadesam Police
Station, Tindivanam Taluk. In pursuant to the said accident, the
respondent filed claim petition in MCOP.No.424 of 2013. Since the vehicle
was not insured with any insurance company, the owner of the vehicle
and the driver of the vehicle were arrayed as respondents in the claim
petition. Though notice was served to the petitioners, they did not file any
counter and as such they were set exparte and exparte award was
passed, thereby awarded compensation of Rs.8,02,445/- with interest at
the rate of 7.5 % from the date of petition against the petitioners jointly
and severally liable to pay the said compensation to the respondent
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CRP.NPD.No.1581 of 2018
herein. In pursuant to the award, the respondent filed execution petition
in EP.No.48 of 2015. on receipt of notice from the execution petition, the
petitioners filed petition to set aside the exparte decree with delay of 568
days.
3. On perusal of the affidavit filed in support of condone
delay petition revealed that due to their avocation, they went out of the
state and as such they could not able to appear before the Tribunal to
defend the claim petition. Further stated that the criminal case also ended
in acquittal as against the second petitioner by the judgment dated
16.07.2014 in CC.No.1788 of 2013 on the file of the Judicial Magistrate
No.II, Tindivanam. Therefore, they have valid defence to defend the claim
petition.
4. The learned counsel for the respondent would submit
that though the Tribunal awarded only a sum of Rs.8,02,445/-, the
respondent sustained grievous injuries and he had spent more than Rs.6
lakhs as medical expenditure.
5. Considering the above, the petitioners may be given
one more opportunity to defend the claim petition on merits and in
accordance with law. Accordingly, this civil revision petition is allowed and
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CRP.NPD.No.1581 of 2018
the order passed in EP.No.48 of 2015 in MCOP.No.424 of 2013 dated
19.02.2018 on the file of the Principal Sub Court, Tindivanam is set aside
on condition that the petitioners shall jointly deposit a sum of
Rs.7,00,000/- (Rupees Seven Lakhs only) to the credit of MCOP.No.424 of
2013 and file their counter within a period of two weeks from the date of
receipt of copy of this order. On receipt of the same, the Tribunal is
directed to dispose of the claim petition within a period of three months
thereafter. If the petitioners fail to deposit the amount as directed by this
Court, the order passed by this Court shall stand automatically cancelled.
Consequently, connected miscellaneous petition is closed. No order as to
costs.
17.04.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
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CRP.NPD.No.1581 of 2018
To
The Principal Subordinate Judge,
Tindivanam.
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CRP.NPD.No.1581 of 2018
G.K.ILANTHIRAIYAN,J.
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CRP.NPD.No.1581 of 2018
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CRP.NPD.No.1581 of 2018
17.04.2021
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