Madras High Court
M/S. Tamil Nadu State Transport ... vs Murugan on 30 September, 2021
C.M.A(MD).No.651 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.09.2021
CORAM
THE HONOURABLE MRS.JUSTICE S. ANANTHI
C.M.A(MD).No.651 of 2021 and
CMP(MD).No.6197 of 2021
M/s. Tamil Nadu State Transport Corporation Ltd.,
rep. by its Managing Director,
No.2, Thiruvananthapuram Road,
Tirunelveli. .. Appellant / 2nd respondent
Vs.
1.Murugan
2.Suresh ... Respondents / respondents
Prayer: The Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988 to call for the records relating to the order and
decreetal order dated 08.09.2020 passed in MCOP.No.435 of 2014 on the
file of Motor Accidents Claims Tribunal / Additional Sub Court, Tenkasi.
For Appellant ... Mr. R. Rajmohan
1/5
https://www.mhc.tn.gov.in/judis/
C.M.A(MD).No.651 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the
appellant / Transport Corporation to set aside the Award, dated 08.09.2020
passed in MCOP.No.435 of 2014 on the file of Motor Accidents Claims
Tribunal / Additional Sub Court, Tenkasi on the ground that the first
respondent / claimant filed two MCOPs for the same accident. The
impugned order passed by the Tribunal in MCOP.No.435 of 2014 vitiated
by fraud and mis-representation by suppressing the earlier claim petition in
MCOP.No.235 of 2017.
2. Heard the learned counsel appearing for the appellant.
Even though the Court notice served on the first respondent no one
appeared for him.
3. On perusal of the records it is seen that both the claim
petitions in MCOP No. 435 of 2014 and MCOP.No.235 of 2017 filed by
the same person for the very same accident occurred on 14.07.2014 at 1.30
p.m., When the claimant went from West to East by two wheeler bearing
Regn. No.TN72N 1810 met an accident with the first respondent bus.
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C.M.A(MD).No.651 of 2021
4. In MCOP.No.235 of 2017, the Motor Accident Claims
Tribunal / Chief Judicial Magistrate, Thirunelveli has awarded
compensation on 08.02.2019 for the same accident without disclosing the
earlier MCOP.No.435 of 2014 on the file of the Motor Accident Claims
Tribunal / Principal Subordinate Court, Tenkasi.
5. Even though MCOP.No.435 of 2014 filed prior to the
MCOP.No.235 of 2017, the award was passed earlier in MCOP.No.235 of
2017 and hence, the award dated 08.09.2020 passed in MCOP.No.435 of
2014, on the file of the Motor Accident Claims Tribunal / Additional
Subordinate Court, Tenkasi is liable to be set aside and accordingly, the
Award passed in MCOP.No.435 of 2014 is set aside.
6. In the result, the Civil Miscellaneous Appeal is allowed.
No costs. Consequently, the connected Miscellaneous Petition is closed.
7. The learned counsel for the appellant would submit that the
appellant / Transport Corporation has already deposited the entire award
amount before Tribunal in respect of MCOP.No.435 of 2014 , on the file of
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C.M.A(MD).No.651 of 2021
the Motor Accident Claims Tribunal / Principal Subordinate Court,
Tenkasi. If the appellant / Transport Corporation deposited any amount in
MCOP.No.435 of 2014, they are entitled to withdraw the same.
30.09.2021
trp
Index :yes/No
Internet:yes/No
To
The Motor Accidents Claims Tribunal / Additional Sub Court, Tenkasi.
https://www.mhc.tn.gov.in/judis/
C.M.A(MD).No.651 of 2021
S. ANANTHI, J.,
trp
C.M.A(MD).No.651 of 2021 and
CMP(MD).No.6197 of 2021
30.09.2021
https://www.mhc.tn.gov.in/judis/
