The High Court exercised writ jurisdiction under Article 227 to direct the Motor Accident Claims Tribunal to dispose of a pending application for withdrawal of the petitioner's share of the compensation award within six weeks.
Direction to dispose of the pending application within six weeks from the date of receipt of the order.
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.
CRP.No. 431 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.07.2023
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
CRP.No. 431 of 2023
N. Tamilarasi .. Petitioner
Versus
1.Senthil Kumar 2.The National Insurance Company Limited Near Bus Stand, Thiruchengode Divisional Office-II Ramakrishna Road, Salem-7. .. Respondents
Civil Revision Petition is filed under Article 227 of the Constitution
of India, praying to direct the Lower Court to hear the IA.No. 47 of 2022 in MCOP.No. 719 of 2007 on the file of the Motor Accident Claims Tribunal (Additional District Judge and Special Judge for EC Act Cases) Salem.
For Petitioner : Mr.S.P. Yuaraj
CRP.No. 431 of 2023
ORDER
This Civil Revision Petition has been filed seeking a direction to the Court below to dispose of the IA.No. 47 of 2022 in MCOP.No. 719 of 2007 on the file of the Motor Accident Claims Tribunal, Additional District Judge and Special Judge for EC Act Cases, Salem.
the Madras High Court and the same were dismissed by judgment dated
CRP.No. 431 of 2023
19.04.2021. Pursuant to the same, the petitioner has filed I.A.No. 47 of 2022 under Rule 20 (11) of the Tamil Nadu Motor Vehicle Accidents Claims Rules, 1989 seeking to permit her to withdraw her share amount of Rs.7,18,590/- and the said application is pending for more than one year without any progress. Therefore, the petitioner seeks a direction to dispose of the IA and permit her to withdraw the award amount of the petitioner.
CRP.No. 431 of 2023
of. However, there shall be no order as to costs.
19.07.2023
Index : Yes/No Speaking order : Yes/No Neutral Citation : Yes/No msm
To
1. The Additional District Judge and Special Judge for EC Act Cases, The Motor Accident Claims Tribunal, Salem.
2. The Section Officer, V.R.Section, High Court, Madras.
CRP.No. 431 of 2023
V.BHAVANI SUBBAROYAN, J.
msm
CRP.No. 431 of 2023
19.07.2023
1 issue framed by the court
Whether to direct the Lower Court to dispose of the pending application for withdrawal of share amount in a motor accident compensation case within a specific time limit.
2 provisions across 2 enactments
N. Tamilarasi
1.Senthil Kumar
The National Insurance Company Limited
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
