Janaki vs M/S. The Oriental Insurance ...
2023 Latest Caselaw 6647 Mad

                                                                                     C.R.P.PD.No.954 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                          Dated : 20/6/2023

                                                            C O RAM

                                   THE HONOURABLE Dr.JUSTICE D.NAGARJUN

                                          Civil Revision Petition PD No.954 of 2023


                     1. Janaki
                     2. Rajalakshmi
                     3. Nathiya
                     4. Rajarathinam                              ...         Petitioners

                                                                 Vs

                     M/s. The Oriental Insurance Company Ltd
                     rep. By its General Manager
                     Anna Salai (Near Anna Statue)
                     Tiruvannamalai.                    ...                   Respondent


                     Prayer: Petition filed under Article 227 of the Constitution of India to
                     direct the Sub-Court (Motor Accident Claims Tribunal), Tiruppur,
                     Tiruppur         District     to   number   the    Execution   Petition    filed    in
                     E.P.S.R.No.15542 of 2022 in M.C.O.P.No.226 of 1994.


                                  For Petitioner              ...  Mr.R.Rajarajan
                                                             -----




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                                                                              C.R.P.PD.No.954 of 2023

                                                      ORDER

This Civil Revision Petition is filed aggrieved by the orders of the

learned Subordinate Court (Motor Accident Claims Tribunal) Tiruppur to

number the Execution Petition filed in E.P.S.R.No.15542 of 2022 in

M.C.O.P.No.226 of 1994.

2. The petitioner has filed M.C.O.P.No.226 of 1994, on the file of the

Sub-Court, Motor Accident Claims Tribunal, Tiruppur and the Tribunal

has awarded Rs.60,000/- as compensation with interest at the rate of 9%

p.a., on 5/7/2002, with respect to the accident occurred on 23/10/1992.

The claimants have filed C.M.A.No.183 of 2006 and the same was

allowed and the compensation amount was enhanced to Rs.1,10,000/-

with interest at the rate of 7.5% p.a., with a direction to deposit within

eight weeks, from the date of the copy of the order.

3. The petitioner has filed the Execution Petition, on the file of the

Sub-Court (Motor Accident Claims Tribunal), Tirupur, and the same was

returned, on the ground that the said Court has no territorial jurisdiction.

Aggrieved by the same, the present Civil Revision Petition is filed.

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C.R.P.PD.No.954 of 2023

4. Heard Mr.R.Rajarajan, learned counsel for the petitioners.

5. Section 38 of the Code of Civil Procedure gives power to the trial

Court to execute a decree passed by it or by the Court to which it is sent

for execution. In the case on hand, the decree has been passed by the

Sub-Court, Motor Accident Claims Tribunal, Tiruppur. Therefore, prima

facie, by virtue of Section 38 of the Code of Civil Procedure, the Sub-

Court, can entertain the Execution Petition. In case if the Court should

have numbered the E.P and waited for respondent to appear and then

could have decided after hearing both sides.

6. One of the grounds on which the trial Court has refused to

entertain the Execution Petition is that the respondent in this case is the

Oriental Insurance Company at Tiruppur. Therefore, the trial Court

thought that the petitioner has to file before the Sub-Court, Tiruppur. It is

to be noted that the judgment debtor in the case is the Insurance

Company which has got branches all over the Country. Therefore,

returning the application prematurely without hearing both sides should

not have been done.

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C.R.P.PD.No.954 of 2023

Dr.D.NAGARJUN,J

mvs.

7. Accordingly, this Civil Revision Petition is allowed and the Sub-

Court (Motor Accident Claims Tribunal), Tiruppur is directed to number

the Execution Pettion filed in E.P.S.R.No.15542 of 2022 in

M.C.O.P.No.226 of 1994. No costs.

20/6/2023

Index :yes/no Neutral Citation: Yes/No mvs.

To

The Sub-Court (Motor Accident Claims Tribunal), Tiruppur, Tiruppur District

C.R.P.PD.No.954 of 2023

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