Madras High CourtCRP(MD)/527/2021allowed

Muraliragavan v. The Managing Director

2021-10-01Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P.(MD).No.527 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2021 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.R.P.(MD).No.527 of 2021 Muraliragavan

...Petitioner

Vs.

The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam Ltd.,), Trichirappalli.

...Respondent

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.2003 of 2017 in M.C.O.P.No.6074 of 2013, dated 31.01.2018 on the file of the MACT/Special Sub Court at Trichy by allowing the present Civil Revision Petition. For Petitioner : Mr.MA.P.Thangavel For Respondent : Mr.D.Sivaraman

O R D E R

This Civil Revision Petition has been filed to set aside the fair and decreetal order passed in I.A.No.2003 of 2017 in M.C.O.P.No.6074 of 2013, dated 31.01.2018 on the file of the MACT/Special Sub Court at Trichy.

2.The said I.A.No.2003 of 2017 was filed by the petitioner to permit the petitioner to summon the Chairman, Medical Board, AGM, Government Hospital, Trichy - 620 017 to depose evidence about the disability certificate issued to the petitioner. The respondent's side has no objection to summon the witness.

3.Perused the Medical Board Certificate.

4.The reasons for the disability is not clear and also the case of the petitioner is that the Medical Board assessed the disability is very low. So it is necessary that the Chairman, Medical Board, AGM, Government Hospital or any one of the person, who signed in the https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD).No.527 of 2021 certificate to depose about the reason for permanent disability. So it is necessary to establish the percentage of disability given in the certificate. Therefore, impugned order passed in I.A.No.2003 of 2017 in M.C.O.P.No.6074 of 2013 on the file of the MACT/Special Sub Court, Trichy, dated 31.01.2018 is set aside. 5.Accordingly, this Civil Revision Petition is allowed. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) vsd Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Motor Accidents Claims Tribunal (Special Sub Court), Trichy.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.D.SIVARAMAN, Advocate ( SR-30969[F] dated 01/10/2021 ) C.R.P.(MD).No.527 of 2021 01.10.2021 MGJ(22.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2