Coram, dismissed the civil revision petition seeking setting aside an attachment order in a Motor Accident Claims case, holding the prayer became infructuous as the award amount was paid and withdrawn.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.R.P.No.2575 of 2018 and C.M.P.No.15517 of 2018
The Managing Director, Tamil Nadu State Transport Corporation, Salem Division II, Regional Office at Bharathipuram Dharmapuri Taluk and District.
: Petitioner/Respondent
Vs.
1.Krishnaveni
2.Minor Archana
3.Minor Keerthi
4.Minor Lokeshwari (Minors represented by their next friend and mother Krishnaveni)
: Respondents/ Petitioner
PRAYER: Civil Revision Petition under Article 227 of the Constitution of India to set aside the petition and docket order dated 08.06.2018 made in R.E.P.No.21 of 2016 in M.C.O.P.No.675 of 2008 on the file of the Additional District and Sessions Court, Dharmapurai.
For Petitioner : Mr.D.Venkatachalam
ORDER
This Civil Revision Petition is directed against the order passed in an Execution Petition in REP No.21 of 2016 in MCOP No.675 of 2008, wherein the Motor Accident Claims Tribunal/Additional District and Sessions Judge, Dharmapuri has ordered attachment of two buses belonging to the petitioner Corporation.
2.The learned counsel for the petitioner Mr.D.Venkatachalam would state that the Tribunal has passed an award in favour of the respondents/claimants to the tune of Rs.5,72,000/- and for
non-payment of the award amount, the impugned order has been passed. According to the learned counsel, when the civil revision petition is pending, the petitioner has deposited the award amount with interest after deducting Rs.83,168/- towards income tax. It is also stated that the claimants had withdrawn the award amount.
3.In the light of the above statement of the learned counsel for the petitioner, this Court is of the opinion that the prayer sought for in this civil revision petition has become infructuous and accordingly, the same stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
skn
To
The Motor Accident Claims Tribunal, Additional District and Sessions Court, Dharmapuri.
+1cc to Mr.D.Venkatachalam, Advocate, S.R.No.39845
C.R.P.No.2575 of 2018 and C.M.P.No.15517 of 2018
MG(CO) CT31/08/2021
The Managing Director, Tamil Nadu State Transport Corporation
Krishnaveni
Minor Archana
Minor Keerthi
Minor Lokeshwari
K.Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
