The Managing Director vs Minor.Eniyasri
2024 Latest Caselaw 8476 Mad

Madras High Court

The Managing Director vs Minor.Eniyasri on 4 June, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                      C.M.P.No.8537 of 2023 in
                                                                     C.M.A.SR.No.42451 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 04.06.2024

                                                         CORAM

                          THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                 C.M.P.No.8537 of 2023
                                                          in
                                               C.M.A.SR.No.42451 of 2023

                     The Managing Director,
                     Tamilnadu State Transport Corporation,
                     Dharmapuri.                                              .. Petitioner

                                                              Vs.

                     Minor.Eniyasri                                           .. Respondent
                     rep.by next friend, Mother,
                     Nayagi



                     PRAYER: C.M.P.No.8537 of 2023 is filed under Section 173(1) of the
                     Motor Vehicles Act, read with Section 5 of Limitation Act, to condone the
                     delay of 296 days in filing the above C.M.A. filed in SR.No.42451 of
                     2023.


                                  C.M.A.SR.No.42451 of 2023 is filed under Section 173 of the
                     Motor Vehicles Act, 1988, to set aside the Judgment and Decree passed in
                     M.C.O.P.No.362 of 2020 passed by the Motor Accidents Claims
                     Tribunal, Special Sub Court, MACT, Krishnagiri, on 04.01.2022.
                     1/4
https://www.mhc.tn.gov.in/judis
                                                                            C.M.P.No.8537 of 2023 in
                                                                           C.M.A.SR.No.42451 of 2023



                                              For Petitioner : Mr.D.Nitin


                                                           ORDER

C.M.P.No.8537 of 2023 has been filed to condone the delay of 296

days in filing C.M.A.SR.No.42451 of 2023.

2.C.M.A.SR.No.42451 of 2023 has been filed to set aside the

judgment and decree dated 04.01.2022 passed in M.C.O.P.No.362 of

2020 on the file of the Motor Accident Claims Tribunal, Special Sub

Court, (MACT) Krishnagiri.

3.The appeal that has been filed with a delay of 296 days is against

the award passed in M.C.O.P.No.362 of 2020. A common award was

passed in M.C.O.P.Nos.362 & 382 of 2020. As against the award passed

in M.C.O.P.No.382 of 2020, the State Transport Corporation filed an

appeal before this Court in C.M.A.No.1727 of 2023. This appeal was

dismissed by judgment dated 09.08.2023.

4.In the light of the above development, no useful purpose will be

https://www.mhc.tn.gov.in/judis C.M.P.No.8537 of 2023 in

served in keeping this petition pending and C.M.P.No.8537 of 2023 also

stands dismissed by virtue of the judgment passed in C.M.A.No.1727 of

2023 dated 09.08.2023. Consequently, C.M.A.SR.No.42451 of 2023 is

also rejected at the SR stage itself. No costs.

                                                                                  04.06.2024


                     krk

                     Index            : Yes / No
                     Internet         : Yes / No
                     Neutral Citation : Yes / No

                     To

1.The Special Subordinate Judge, Motor Accident Claims Tribunal, Special Sub Court, MACT, Krishnagiri,

2.The Section Officer, VR Section, High Court, Madras.

N.ANAND VENKATESH, J.

https://www.mhc.tn.gov.in/judis C.M.P.No.8537 of 2023 in

krk

C.M.P.No.8537 of 2023 in

04.06.2024

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