Akshya vs The Managing Director
2023 Latest Caselaw 3529 Mad

                                                                             C.R.P(MD).No.1255 of 2022


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 30.03.2023

                                                      CORAM

                                  THE HONOURABLE MR.JUSTICE C.SARAVANAN
                                             C.R.P(MD).No.1255 of 2022

                  Akshya                                ... Petitioner/Petitioner/2nd Claimant

                                                        Vs.

                  The Managing Director,
                  Tamilnadu Transport Corporation Ltd.,
                  II Division, Periyamilaguparai,
                  Trichy.                           .... Respondent/Respondent/Respondent


                  PRAYER:- This Civil Revision Petition has been filed under Article 227 of
                  the Constitution of India, to call for the records pertaining to the return of
                  unnumbered I.A.No. of 2022 in M.A.C.O.P.No.235 of 2013 on the file of
                  Motor Accident Claims Tribunal, Kulithalai, Karur District dated 25.04.2022
                  and to set aside the same by allowing this Civil Revision Petition and direct
                  the Motor Accident Claims Tribunal, Kulithalai, Karur District to number the
                  petition.
                                    For petitioner      : Mr.S.Sarvagan Prabhu

                                                      ORDER

This petition has been filed to set aside the docket order dated

25.04.2022 made in unnumbered I.A.No........ of 2022 in M.A.C.O.P.No.235

of 2013 on the file of Motor Accident Claims Tribunal, Kulithalai, Karur

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.1255 of 2022

District, and direct the Motor Accident Claims Tribunal, Kulithalai, Karur

District, to number the petition.

2.The petitioner is the one of the beneficiary along with her mother in

MACOP.No.235 of 2013 before the Motor Accident Claims Tribunal,

Kulithalai, Karur District. The aforesaid Tribunal by its judgment and decree

dated 02.02.2018 ordered compensation. Aggrieved by the same, both the

respondent/Transport Corporation and the petitioner's mother & the

petitioner, who was represented by her mother filed CMA(MD)Nos.546 &

1144 of 2018 before this Court. CMA(MD)No.546 of 2018 was filed by the

petitioner and her mother for enhancement CMA(MD)No.1144 of 2018 was

filed by the respondent/Transport Corporation. After hearing the parties, this

Court has dismissed the petition filed by the respondent/Transport

Corporation and allowed the petition filed by the petitioner and her mother

by enhancing the compensation already awarded by the Tribunal. Mean time,

the petitioner has attained majority. Therefore, she filed the above said

unnumbered IA to withdraw the compensation amount. It was returned by the

Tribunal. Hence, the petitioner filed this Civil Revision Petition.

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.1255 of 2022

3.The specific case of the petitioner is that the order was complied by

depositing the amount before the Tribunal and not before the High Court. It

is submitted that the petitioner's mother has also received the compensation

that was deposited pursuant to the order of this Court in CMA(MD)Nos.546

& 2244 of 2018 vide order dated 20.02.2019. However, merely because, the

order of this Court stated that the amount should be deposited with the Indian

Bank, High Court Branch, Madurai, the Tribunal now has returned the

application for payment.

4.In my view, the impugned Docket Order passed by the Motor

Accident Claims Tribunal, Kulithalai, Karur District, is not sustainable. In

case, the Court wants to pass an order by rejecting the claim petition filed by

the petitioner, it may do so after numbering the Interlocutory Application by

giving reasons. Therefore, the Motor Accident Claims Tribunal, Kulithalai,

Karur District, is directed to number the unnumbered Interlocutory

Application and pass appropriate orders in the manner known to law. In case,

the amount was indeed deposited to the credit of above said M.A.C.O.P.No.

235 of 2013 on the file of Motor Accident Claims Tribunal, Kulithalai, Karur

District, the Motor Accident Claims Tribunal, Kulithalai, Karur District, shall

transfer the amount by recording proper reasons.

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.1255 of 2022

C.SARAVANAN,J.

dss

5.With the above direction, this Civil Revision Petition is allowed. No

costs.

30.03.2023 NCC : Yes/No Index : Yes/No Internet:Yes/No dss

Note: The Registry is directed to return the original copy of the unnumbered IA for submitting before the Trial Court.

To

1.The Motor Accident Claims Tribunal, Kulithalai, Karur District.

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

C.R.P(MD).No.1255 of 2022

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