The High Court dismissed a Civil Revision Petition filed under Article 226 directing the Motor Accident Claims Tribunal to number an unnumbered interim application, holding the petition to be hitless and directing re-presentation.
Petitioner directed to re-present the petition before the trial court after rectifying queries; petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P(MD)No.2346 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2019 CORAM:
THE HONOURABLE MRS.JUSTICE R.THARANI C.R.P(MD)No.2346 of 2019
1.Malathi Sivaraman (Late) 2.Sivakumar 3.Sivalingam Poornathammal (died) Mahalingam (died) 4.Aariyamala 5.Rajalakshmi 6.Parvathi ... Petitioners Vs.
The Managing Director, Tamil Nadu State Transport Co.Ltd., Kumbakonam Division III, Karaikudi, Branch Office: The Manager, TNSTC (Karaikudi), Collector Officer Road, Tiruchirappalli. ... Respondent
Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to direct the Motor Accident Claims Tribunal / II Additional Sub - Court, Trichy to number the returned unnumbered I.A.No. of 2019 in M.C.O.P.No.1704 of 2011 on the file of the Motor Accident Claims Tribunal/ II Additional Subordinate Judge, Trichy and allow the Civil Revision Petition.
For Petitioners : Mr.N.Sudhagar Nagaraj For Respondent : Mr.D.Sivaraman
ORDER
The Civil Revision Petition is filed to direct the Motor Accident Claims Tribunal / II Additional Sub - Court, Trichy to number the returned unnumbered I.A.No. of 2019 in M.C.O.P.No.1704 of 2011 on the file of the Motor Accident Claims Tribunal/ II Additional Sub-Judge, Trichy and allow the Civil Revision Petition.
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C.R.P(MD)No.2346 of 2019
made by the Lower Court. The petitioner is directed to re-present the petition before the trial Court, after rectifying the queries. If the petition is rejected, the petitioner is at liberty to file a petition before this Court.
Ls
Note: Registry is directed to return the original papers.
(*) To be substituted the order already despatched on 04.03.2020
To
The II Additional Subordinate Judge, Motor Accident Claims Tribunal Trichy.
Copy to
The Section Officer, VR Section,
Madurai Bench of Madras High Court, Madurai (2 copies)
+1 CC to Mr.N.SUDHAKAR NAGARAJ, Advocate ( SR-105821[F] dated 19/12/2019 )
+1 CC to Mr.D.SIVARAMAN, Advocate ( SR-105941[F] dated 19/12/2019 )
C.R.P(MD)No.2346 of 2019 19.12.2019
VB(03.03.2020) 2P 6C
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2 issues framed by the court
Whether the Motor Accident Claims Tribunal was required to number an unnumbered interim application.
Whether this Court should interfere in the endorsement of return by the Lower Court without merits.
1.Malathi Sivaraman and others
The Managing Director, Tamil Nadu State Transport Co.Ltd., Karaikudi and others
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
