L. Kanagaraj v. K. Shanmugam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA L.Kanagaraj

...Petitioner

Vs 1.K.Shanmugam 2.IFFCO - TOKIO General Insurance Company Ltd., Tulsi Chambers, 2nd Floor, 195, T.V.Swamy Road (W) RS Puram, Coimbatore.

...Respondents

PRAYER :- Civil Revision Petition is filed under Article 227 of the Constitution of India, pleased to set aside the Clause 2 of the fair and final order dated 06.06.2024 made in I.A.No.1 of 2021 in M.C.O.P.No.57 of 2011 on the file of the Sub Court, Rasipuram. For Petitioner : Mr.M.Guruprasad For Respondents : Private notice served (No appearance) 1/4

ORDER

The Revision is filed challenging the following order passed by the Motor Accident Claims Tribunal, Rasipuram in I.A.No.1 of 2021 in M.C.O.P.No.57 of 2011:- "On Perusal of Records, on 10.03.2022 the counsel for R2 endorsed as no counter. In view of endorsement this petition is allowed. However, the petition is not entitled to interest for default period."

2.The petitioner has challenged the same stating that the petitioner has now been denied interest throughout from the date of ex-parte order till the date of its being set aside.

3.The perusal of the order clearly shows that the petitioner has totally misunderstood the order. The order is very clear in as much as the learned Judge has stated that the petitioner is not entitled to interest for the default period. The default period is the delay of 418 days. Therefore, I see no reason to interfere with the order.

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4.The Civil Revision Petition is accordingly dismissed. No costs. 21.03.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To The Sub Court, Rasipuram.

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P.T.ASHA , J, ep 21.03.2025 4/4