R.Murali v. M.Shanmugavelu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2025 C O R A M THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY R.Murali ...Appellant Vs 1.M.Shanmugavelu 2.The United India Insurance Co. Ltd., Motor III Party Claims Office, Shilling Building, No.134, Greams Road, Chennai 6.

3.The Managing Director, TNSTC (VPM) Ltd., No.3/137, Salamedu, Vazhuthareddy & Post, Villupuram Taluk, Villupuram District.

... Respondents Prayer:

Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to enhance the quantum of compensation as granted under judgment and decree dated 15.11.2022 in MCOP.No.4640 of 2017 on the file of the Motor Accident Claims Tribunal (Special Sub Judge I, Court of Small Causes), Chennai as per merits.

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For Appellant : Mr.K.Sivakumar For Respondent : Mr.P.Sankaranarayanan for R2 Mr.C.R.Sureshkumar for R3

JUDGMENT

Today, this matter has been listed under the caption "For Being Mentioned".

2. The main grievance of the learned counsel for the 2nd respondent is with regard to the liability fastened against them by this Court vide order dated 21.03.2024.

3. Upon perusal of the order dated 21.03.2024, it appears that in the said order, no findings have been rendered by this Court on the aspect of liability.

4. Normally, if there is any error apparent in the order, the said error only can be rectified by listing the matter under the caption "for being mentioned". In this case, no arguments were made and no findings were rendered on the aspect of liability while passing the order dated 21.03.2024. In such case, the only 2/4

recourse, available to the parties, is to file a review against the said order.

5. In view of the above, no further clarification is required in the order dated 21.03.2024.

14.02.2025 Index: Yes/No Internet:Yes/No Speaking order/Non-speaking order nsa To The Motor Accident Claims Tribunal (Special Sub Judge I, Court of Small Causes), Chennai 3/4

KRISHNAN RAMASAMY,J.

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