Madras High Court
The Managing Director vs Soundhamani on 28 March, 2023
CRP.No.899 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.03.2023
CORAM:
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
CRP.No.899 of 2023 and
CMP.No.6742 of 2023
The Managing Director,
Tamilnadu State Transport Corporation(Salem) Ltd.,
Regional Office, Bharathipuram, Dharmapuri – 5 ... Petitioner
Vs.
1.Soundhamani
2.Minor. Mouli
3.Minor. Thirunaprabhu
4.Rani
5.Rajamanikam ... Respondents
PRAYER: Civil Revision petition is filed under Article 227 of the
Constitution of India to set aside the order in EP.No.124 of 2021 in
MCOP.No.261 of 2020 passed by the Motor Accident Claims Tribunal, Special
District Court, Krishnagiri passed on 03.02.2023 and to allow this revision
petition.
For Petitioner : Mr.D.Nitin
For Respondents
For R1 : Mr.SP.Yuaraj
https://www.mhc.tn.gov.in/judis
Page 1 of 7
CRP.No.899 of 2023
ORDER
Challenging the order passed by the Executing Court in
EP.No.124 of 2021 in MCOP.No.261 of 2020 passed by the Motor Accident
Claims Tribunal, Special District Court, Krishnagiri, the judgment debtor has
preferred this revision.
2. The learned counsel for the petitioner submits that they remained
exparte in MCOP proceedings due to lack of communication and they filed
application to set aside the exparte decree along with delay condonation
application in IA.No.4 of 2023 and the same is pending. But based on the
exparte decree, the decree holders / claimants preferred execution petition and
in the execution petition, the Executing Court ordered attached of bus bearing
Regn.No.TN 29 N 3055.
3. The learned counsel for the petitioner submits that they are having
valid defence, but if the bus is not permitted to ply in the said road, they will
be put to much hardship.
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CRP.No.899 of 2023
4. However, the learned counsel for the first respondent submits that
the deceased died due to negligent driving leaving behind the respondents as
his legal heirs and out of them, two of them are little children and they have no
other source of income. But wantonly, the transport officials not appeared
before the Court. Hence, he raised objection.
5. On perusal of records, revealed that based on the exparte award,
Rs.38,00,000/- was awarded by the Tribunal. The transport officials remained
exparte and exparte order was passed on 20.04.2021 by the Tribunal fixing
liability of Rs.28,00,400/-. Based on that, now claimants have preferred
execution petition. However, the transport officials filed application to set
aside the exparte decree and the same is pending. In such circumstances, if the
bus is attached and not permitted to ply, they will be put to much hardship.
Therefore, the reason assigned by them is justifiable and considering the
family circumstances of the legal heirs, this Court is inclined to set aside the
findings of the court below.
6. Accordingly, the findings of the Execution Court in EP.No.124 of
2021 in MCOP.No.261 of 2020 passed by the Motor Accident Claims Tribunal,
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CRP.No.899 of 2023
Special District Court, Krishnagiri on 03.02.2023 are set aside on condition
that the petitioner shall deposit Rs.15,00,000/- (Rupees Fifteen Lakhs only) to
the credit of MCOP.No.261 of 2020 within a period of four weeks from the
date of this order. On such deposit, the claimants are permitted to withdraw
Rs.10,00,000/- (Rupees Ten Lakhs only) by filing undertaking affidavit before
the executing court as per manner known to law and remaining Rs.5,00,000/-
ordered to be kept in fixed deposit until disposal of MCOP.
7. With the above directions, this civil revision petition is allowed.
Consequently, connected miscellaneous petition is closed. There shall be no
order as to costs.
28.03.2023
Index :Yes/No
Internet : Yes/No
Speaking order/non-speaking order
lok
Note: Issue order copy on 03.04.2023
https://www.mhc.tn.gov.in/judis
CRP.No.899 of 2023
https://www.mhc.tn.gov.in/judis
CRP.No.899 of 2023
T.V.THAMILSELVI, J.
lok
To
The Motor Accident Claims Tribunal,
Special District Court,
Krishnagiri
CRP.No.899 of 2023
https://www.mhc.tn.gov.in/judis
CRP.No.899 of 2023
28.03.2023
https://www.mhc.tn.gov.in/judis
