S.Arunkumar vs R.M.Somasundaram
2023 Latest Caselaw 10885 Mad

                                                                                      C.R.P(MD)No.2078 of 2023


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                          DATED : 21.08.2023

                                                               CORAM

                                  THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN
                                                THILAKAVADI

                                                   C.R.P(MD)No.2078 of 2023


                      S.Arunkumar                                       ... Petitioner/Petitioner/
                      (Rep by his father Sownthirapandian)

                                                                  Vs.

                      1.R.M.Somasundaram

                      2.The Branch Manager
                        The Oriental Insurance Company Ltd.,
                        39/40, Saratha Shopping Complex
                        Workshop Road,
                        Simmakkal
                        Madurai District.                    ... Respondents/Respondents


                                  Civil Revision Petition is filed under Article 227 of the Constitution
                      of India, to unnumbered M.C.O.P.SR.No.4579 of 2022 on the file of the
                      Motor Accidents Claims Tribunal/ Principle District & Sessions Court,
                      Madurai and allow the Civil Revision Petition.


                                        For Petitioners           :Mr.N.Vijayaraghavan
                                                                  for Mr.N.Sudhagar Nagaraj
                                        For R2                    :Mr.C.Karthick




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                                                                                   C.R.P(MD)No.2078 of 2023


                                                             ORDER

This Civil Revision Petition is filed against the returned unnumbered

MCOP.SR.No.4579 of 2022 by the Motor Accidents Claims Tribunal,

Madurai.

2.According to the revision petitioner, he moved a claim petition in

MCOP.SR.No.4579 of 2022 claiming compensation for the accident took

place, on 06.05.2022. However, the Tribunal returned the above application

by stating that the same is barred by limitation. The revision petitioner,

without giving sufficient explanation as to how the petition is maintainable,

has approached this Court. The learned counsel for the revision petitioner

submitted that he may be permitted to withdraw the civil revision petition

and submit his explanation before the trial Court as to the maintainability of

the claim petition.

3.Heard the learned counsel appearing for the petitioner and the

learned counsel appearing for the second respondent and perused the

materials available on record.

4.In view of the above, this Civil Revision Petition is dismissed as

withdrawn. However, the revision petitioner is at liberty to approach the

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.2078 of 2023

Tribunal by giving sufficient explanation on the face of the judgment

rendered in C.R.P.No.2558 of 2023 dated 18.08.2023 and the Tribunal is

also directed to number the petition if it is in order and dispose the same on

merits and in accordance with law, with regard to the maintainability of the

above petition. No costs.

21.08.2023

NCC:Yes/No Index:Yes/No Internet:Yes/No To

1.The Motor Accidents Claims Tribunal/ Principle District & Sessions Court, Madurai.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

Note:Registry is directed to return the original papers to the learned counsel for the petitioner after substituting the same.

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.2078 of 2023

K.GOVINDARAJAN THILAKAVADI, J.

Ns

C.R.P(MD)No.2078 of 2023

21.08.2023

https://www.mhc.tn.gov.in/judis