Naveen v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M. VELUMANI CRP(MD).No.93 of 2017 Naveen Revision Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corportion Limited, Virudhunagar, Virudhunagar District.

Respondent Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and decreetal order of learned Sub Court, Virudhunagar in I.A.no.115 of 2016 in MCOP.No.46 of 2013 dated 21.04.2016 by which partly allowing the above said application, the dismissal of part prayer and allow this Civil Revision Petition.

For Petitioner :

Mr.B. Anandan For Respondent :

Mr.Muthupandian

ORDER

The Civil Revision Petition is filed to set aside the fair and decreetal order of learnd Sub Court, Virudhunagar in I.A.No.115 of 2016 in MCOP.No.46 of 2013, dated 21.04.2016, by which partly allowing the above said application, the dismissal of part prayer and allow this Civil Revision Petition.

2. This Civil Revision Petition is filed against the order permitting the petitioner to withdraw the portion of the amount deposited by the respondent.

3. According to the petitioner, the petitioner filed MCOP.No.46 of 2013, on the file of the Sub Court, Virudhunagar, claiming a sum of Rs.4,00,000/- for the injury caused to him in the accident took place on 12.05.2012. The Tribunal awarded a sum of Rs.2,60,197/- as compensation and directed the respondent, to deposit the amount awarded together with interest and cost and permitted the petitioner to withdraw interest and cost. Against the award of the Tribunal, the Transport Corporation did not file https://hcservices.ecourts.gov.in/hcservices/

any appeal and the said award amount has been deposited by the respondent, Transport Corporation to the credit of MCOP.No.46 of 2013 on the file of the Sub Court, Virudhunagar.

4. In the circumstances, petitioner filed I.A.No.115 of 2016 for permitting the petitioner to withdraw the entire award amount for the expenses of higher studies and for the medical expenses already incurred by him. The counsel for the respondent endorsed no objection. The petitioner examined himself as PW.1 and marked course certificate issued to the petitioner as Ex.P1. The learned Judge considering the fact that petitioner has not furnished any details with regard to the nature of higher studies he is going to pursue, partly allowed the application permitting the petitioner to withdraw Rs.1,10,197/- along with entire interest and cost and directed to deposit balance Rs.1,50,000/- as per the award.

5. Against the said order, the petitioner has filed the present Civil Revision Petition.

6. When the matter was taken up for hearing, the learned counsel appearing for the respondent submitted that he has no objection to withdraw the entire award amount together with accrued interest and he has also made an endorsement to that effect. He further submitted that the respondent has not filed any appeal against the order passed in MCOP.No.115 of 2016.

7. Recording the no objection made by the learned counsel appearing for the respondent and also considering the facts and circumstances of the case, the Civil Revision Petition is allowed permitting the petitioner to withdraw entire award amount, deposited by the respondent, together with accrued interest by setting aside the order passed in I.A.No.115 of 2016 in MCOP.No.46 of 2013 dated 21.04.2016 on the file of Sub Court, Virudhunagar. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To The Sub Judge, Virudhunagar +1 cc to MR.B.ANANDAN, Advocate SR.No.5176 +1 cc to MR.A.P.MUTHUPANDIAN, Advocate SR.No.5614 CRP(MD).No.93 of 2017 31.01.2017 SMA/SKN-RSK/09.03.2017:2P/4C https://hcservices.ecourts.gov.in/hcservices/