Tamil Nadu State Transport v. Tmt.K.Suguna

S. RAMATHILAGAM,J.

Today, when the matter was called, there was no representation on behalf of the appellant and the learned counsel for the respondents 1 to 3/claimants is present and submitted that the date of filing of the claim petition is very much required for calculating the interest for the award amount.

2. This appeal has been preferred by the Insurance Company aggrieved against the decree and judgment made by the tribunal in M.C.O.P.No. 266 of 2011 on the file of the MACT, chief Judicial Magistrate, Tiruppur.

3. As far as Civil Miscellaneous Appeal is concerned it was already disposed of by this Court on 04.09.2017. However at the instance of the learned counsel appearing for the respondent 1to 3 /claimants, report was called for from the tribunal with regard to the exact date of filing of claim petition. decree mentioned as 1.03.2013 instead of 01.03.2011. 1/2

4. The learned Chief Judicial Magistrate, Tiruppur by letter dated 06.07.2019 has clarified that the exact date of filing of MCOP. No. 266/2011 was on 01.03.2011.

5. In view of the report submitted by the learned Chief Judicial Magistrate,Tiruppur, the Registry is directed to remove the date 01.03.2013 wherever occurs in the judgment passed by this Court in CMA. No. 2465 of 2017 dated. 04.09.2017 and replace the same as 01.03.2011 and issue fresh order to the parties concerned.

05.08.2019.

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S. RAMATHILAGAM,J.

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