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Madras High CourtCRP(MD)/1954/2018allowed

Majel Jude v. M/S.Om Sakthi Steels

2018-10-01Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD).No.1954 of 2018 and C.M.P.(MD)No.8607 of 2018 Majel Jude ... Petitioner/Petitioner/ Petitioner Vs.

1. M/s.Om Sakthi Steels, Through its Proprietor, No.16, Rasappa Chetty Street, Park Town, Chennai - 600 003.

2. United India Insurance Co. Ltd., Through its Divisional Manager, 2nd Floor, Xavier Building, ASSISI Campus, P.W.D.Office Road, Post Box No.50, Nagercoil ... Respondents/Respondents/ Respondents PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order made in I.A.No.120 of 2018 in M.C.O.P.No.20 of 2016 on the file of the Motor Accidents Claims Tribunal, (Principal Subordinate Judge), Tirunelveli, dated 06.07.2018, allow the Civil Revision petition. For Petitioner : Mr.T.Selvakumaran For R-2 : Mr.J.S.Murali ***

O R D E R

The claimant in M.C.O.P.No.20 of 2016 on the file of the Motor Accidents Claims Tribunal(Principal Subordinate Judge, Tirunelveli, is the Revision petitioner herein. The claimant filed I.A.No.120 of 2018 for reopening the petitioner's side, as they wanted to examine the Doctor. Since Batta was not paid, the Interlocutory application suffered a dismissal. The said order is questioned in this Civil Revision petition.

2. Since the petitioner herein is a claimant, this Court is of the view that interest of justice will be better served by permitting the petitioner to open his side for the purpose of examining the Doctor who treated the claimant. https://hcservices.ecourts.gov.in/hcservices/

3. In this view of the matter, the order impugned in this Civil Revision petition is set aside. The Civil Revision petition stands allowed, accordingly.

No costs.

Consequently, connected Miscellaneous petition is closed.

Sd/ Assistant Registrar(CO) /True copy/ Sub Assistant Registrar(CS-IV) To The Principal Subordinate Judge, Motor Accidents Claims Tribunal, Tirunelveli.

Copy to:

The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 copies) +1cc to Mr.J.S.Murali, Advocate, SR.No. 88164 +1cc to Mr.T.Selvakumaran, Advocate, SR.No. 88230 C.R.P.(MD).No.1954 of 2018 and C.M.P.(MD)No.8607 of 2018 01.10.2018 PMU KK/RP/SAR-4/08.11.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/