1 CRP.No. 1574 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2023

CORAM:

THE HONOURABLE MRS. JUSTICE V. BHAVANI SUBBAROYAN

CRP.No. 1574 of 2023

and

CMP.No. 10292 of 2023

The Managing Director

Tamil Nadu State Transport Corporation

(Madurai) Limited, Dindigul Region, Dindigul.

... Petitioner

Versus

1.K. Kasthuri

2.Bheem Sing Rawat

3.Babu

...Respondents

Civil Revision Petition filed under Article 227 of the Constitution

of India, prays to set aside the conditional order dated 06.03.2023 passed

in M.P.No. 01 of 2022 in MCOP.No. 3865 of 2008 on the file of Chief

Small Causes Court, Chennai.

For Petitioner

: Mr.C. Gauthamaraj

For Respondents

: Mr.K. Livingston

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2 CRP.No. 1574 of 2023

O R D E R

This Civil Revision Petition has been filed seeking to set

aside the conditional order, dated 06.03.2023 passed in M.P.No. 01 of

2022 in MCOP.No. 3865 of 2008 on the file of Chief Small Causes

Court, Chennai.

2.

The revision petitioner herein is the 3^rd respondent/Transport

Corporation, the 1^st respondent herein is the petitioner and the

respondnets 2&3 herein are the respondnets 1&2 in the Motor Accident

Claims Tribunal Original Petition.

3.

The first respondent herein has filed MCOP.No.3865 of

2008 under Section 166 of the Motor Vehciles Act, before the Chief

Court of Small Causes, Chennai, claiming compensation of Rs.5,00,000/-

for the death of her daughter viz., Balasundari in a road accident. Before

the Claims Tribunal, the respondents remained ex-parte. After

scrutinizing the relevant records, the Tribunal awarded a compensation

of Rs.5,40,000/- by order dated 26.02.2019 to the first respondent herein.

Meanwhile, the revision petitioner/Transport Corporation filed M.P.No.

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3 CRP.No. 1574 of 2023

1 of 2022 under Section 5 of the Limitation Act, and under Section 151

of CPC, seeking to condone the delay of 1309 days in filing to set aside

the petition in MCOP.No. 3865 of 2008, which was ordered as ex-parte

dated 26.02.2019. After perusing the records, the learned Chief Judge,

Court of Small Causes, Chennai, allowed the Miscellaneous Petition by

order dated 06.03.2023 on condition that a sum of Rs.1,35,000/- should

be deposited before the Tribunal by the revision petitioner/ Transport

Corporation on or before 27.03.2023 failing which the petition will stand

dismissed. Challenging the same, the revision petitioner/Transport

Corporation has come forward with the present Civil Revision Petition

under Section 115 of CPC.

4.

Heard both sides and perused the materials available on

record.

5.

On a perusal of the records, it is seen that when the above

MCOP was listed for hearing on 15.04.2009, since the case bundle got

mingled with office files, the revision petitioner/Transport Corporation

was not able to attend the hearing and to file a counter on that date.

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4 CRP.No. 1574 of 2023

Hence, the petitioner/Transport Corporation was set exparte by the

Tribunal and final award was passed on 26.02.2019, directing the

petitioner/Transport Corporation to pay a sum of Rs.5,40,000/-.

Subsequently, the revision petitioner filed MP.No. 1 of 2022 in the above

said appeal seeking to condone the delay to set aside the exparte award

passed by the Tribunal. After perusing the records, the Tribunal allowed

the petition on condition that the Transport Corporation to deposit a sum

of Rs.1,35,000/- before the Tribunal on or before 27.03.2023 failing

which the petition will stand dismissed. It is further seen that the first

respondent has filed EP.No.743 of 2022 based on the award passed by

the Tribunal.

6.

Despite the notice of appearance served to the re