J.R.Gopinath, v. S.Kandasamy
Case brief
What is this about?
The Court disposed of a revision petition filed under Article 227 seeking a direction for the expedited disposal of a pending execution petition regarding compensation for motor accident injuries.
What did the court decide?
Direction to the learned IV Additional Sub Judge, Madurai to dispose of E.P.No.10 of 2019 within three months from receipt of this order.
What the court decided
CRP(MD)No.1761 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.10.2019 CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
CRP(MD)No.1761 of 2019
J.R.Gopinath … Revision Petitioner versus 1. S.Kandasamy 2. K.Chandrabalan 3. A.Ramani 4. K.Vani 5. The Oriental Insurance Co. Ltd., By its Branch Manager, City Branch Office, Sarada Shopping Complex, Workshop Road, Madurai – 625 001 … Respondents (Respondents 1 to 4 remained ex parte before the Tribunal)
Revision Petition filed under Article 227 of Constitution of India, seeking a direction to the learned IV Additional Sub Judge, Madurai to dispose of E.P.No.10 of 2019 in M.C.O.P.No.913 of 1999, expeditiously.
For Revision Petitioner : Mr.T.R.Subramanian
ORDER
The revision petitioner is the claimant in M.C.O.P.No.913 of 1999. He filed a claim petition in M.C.O.P.No.913 of 1999 before the learned IV Additional Sub Judge, Madurai, seeking compensation of Rs.40,00,000/- in respect of injuries sustained in the accident that had occurred on 02.06.1998. The Tribunal, after considering oral and documentary evidence, by order dated 24.06.1999, awarded a sum of Rs.27,00,000/-, which is payable by the Insurance Company along with interest at the rate of 9% p.a. from the date of petition till the date of realization. Challenging the said award, the Insurance Company filed an appeal in CMA(MD) No.2217 of 2004 before this Court, while the claimant/revision petitioner filed cross objection in Cross Objection (MD)No.53 of 2007. This Court, by Judgment and Decree dated 06.11.2017, reduced the compensation from Rs.27,00,000/- to Rs.25,80,000/- along with interest at the rate of 9% p.a. from the date of petition till the date of deposit.
Issues for consideration
1 issue framed by the court
Whether the revision petitioner is entitled to a direction for the expedited disposal of the pending execution petition.
Parties & counsel
- petitioner
J.R.Gopinath
- respondent
The Oriental Insurance Co. Ltd.
Coram
KRISHNAN RAMASAMY
Case details
As recorded by the court registry
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