CRP.No.899 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2023

CORAM:

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

CRP.No.899

of 2023 and

CMP.No.6742 of 2023

The Managing Director,

Tamilnadu State Transport Corporation(Salem) Ltd.,

Regional Office, Bharathipuram, Dharmapuri – 5

... Petitioner

Vs.

1.Soundhamani

2.Minor. Mouli

3.Minor. Thirunaprabhu

4.Rani

5.Rajamanikam

... Respondents

PRAYER: Civil Revision petition is filed under Article 227 of the

Constitution of India to set aside the order in EP.No.124 of 2021 in

MCOP.No.261 of 2020 passed by the Motor Accident Claims Tribunal, Special

District Court, Krishnagiri passed on 03.02.2023 and to allow this revision

petition.

For Petitioner : Mr.D.Nitin

For Respondents

For R1

: Mr.SP.Yuaraj

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CRP.No.899 of 2023

ORDER

Challenging the order passed by the Executing Court in

EP.No.124 of 2021 in MCOP.No.261 of 2020 passed by the Motor Accident

Claims Tribunal, Special District Court, Krishnagiri, the judgment debtor has

preferred this revision.

2.

The learned counsel for the petitioner submits that they remained

exparte in MCOP proceedings due to lack of communication and they filed

application to set aside the exparte decree along with delay condonation

application in IA.No.4 of 2023 and the same is pending. But based on the

exparte decree, the decree holders / claimants preferred execution petition and

in the execution petition, the Executing Court ordered attached of bus bearing

Regn.No.TN 29 N 3055.

3.

The learned counsel for the petitioner submits that they are having

valid defence, but if the bus is not permitted to ply in the said road, they will

be put to much hardship.

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CRP.No.899 of 2023

4.

However, the learned counsel for the first respondent submits that

the deceased died due to negligent driving leaving behind the respondents as

his legal heirs and out of them, two of them are little children and they have no

other source of income. But wantonly, the transport officials not appeared

before the Court. Hence, he raised objection.

5.

On perusal of records, revealed that based on the exparte award,

Rs.38,00,000/- was awarded by the Tribunal. The transport officials remained

exparte and exparte order was passed on 20.04.2021 by the Tribunal fixing

liability of Rs.28,00,400/-. Based on that, now claimants have preferred

execution petition. However, the transport officials filed application to set

aside the exparte decree and the same is pending. In such circumstances, if the

bus is attached and not permitted to ply, they will be put to much hardship.

Therefore, the reason assigned by them is justifiable and considering the

family circumstances of the legal heirs, this Court is inclined to set aside the

findings of the court below.

6.

Accordingly, the findings of the Execution Court in EP.No.124 of

2021 in MCOP.No.261 of 2020 passed by the Motor Accident Claims Tribunal,

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CRP.No.899 of 2023

Special District Court, Krishnagiri on 03.02.2023 are set aside on condition

that the petitioner shall deposit Rs.15,00,000/- (Rupees Fifteen Lakhs only) to

the credit of MCOP.No.261 of 2020 within a period of four weeks from the

date of this order. On such deposit, the claimants are permitted to withdraw

Rs.10,00,000/- (Rupees Ten Lakhs only) by filing undertaking affidavit before

the executing court as per manner known to law and remaining Rs.5,00,000/-

ordered to be kept in fixed deposit until disposal of MCOP.

7.

With the above directions, this civil revision petition is allowed.

Consequently, connected miscellaneous petition is closed. There shall be no

order as to costs.

28.03.2023

Index :Yes/No

Internet : Yes/No

Speaking order/non-speaking order

lok

Note: Issue order copy on 03.04.2023

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