Duraipillai v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Nineteenth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice R.THARANI IN CMA(MD) No.533 of 2020 1 DURAIPILLAI 2 S.DINESH BABU 3 KAMATCHI ... PETITIONERS/RESPONDENTS Vs THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION LIMITED, CHENNAI, HAVING ITS OFFICE AT PALLAVAN SALAI, CHENNAI - 600 002.

... RESPONDENT/APPELLANT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to amend the cause title as DineshBabu S/o.Late.Selvaraj instead for Dineshbabu, S/o.Late.Duraipillai in M.C.O.P.No.136 of 2014 on the file of the learned Motor Accident Claim Tribunal, Thiruchirappalli and the consequential proceedings in C.M.A(MD).No.533 of 2020 on the file of the Honourable High Court.

Prayer in CMA(MD). 533/ 2020 :

Pleased to set aside the impugned award passed in MCOP No.136 of 2014 on the file of the MACT (Special District Court), Tiruchirapalli dated 13.12.2019.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.RAJARAMAN, Advocate for the petitioner and of Mr.P.M.VISHNU VARTHANAN, Advocate on behalf of the Respondent, the court made the following order:- On the side of the petitioner it is stated that the name of the father of the second respondent herein / third respondent before the 1/3

trial Court was wrongly mentioned as Dinesh Babu S/o.Durai pillai, whereas the father's name is Selvaraj and that when the petitioner approached the Tribunal to carry out the amendments, the Tribunal could not carry out the amendments since the records were sent to the High Court and that the petition was returned. 2.The learned counsel for the respondent has no objection in carrying out the amendments.

3.The amendments will not affect the case of the appellant. There is no dispute regarding the identity of the second respondent herein / third petitioner before the lower Court. Hence, this petition is allowed.

4.The registry is directed to send the original records in M.C.O.P.No.136 of 2014 to the Motor Accident Claims Tribunal / Special District Court, Thiruchirappalli, along with a copy of this order.

5.The learned Special District Judge, Motor Accident Claims Tribunal / Special District Court, Thiruchirappalli, is hereby directed to carry out the amendments and to return back the original records to this Court, within a period of two weeks from the date of receipt of a copy of this order.

6.After the corrections are carried out by the lower Court, the registry is directed to carry out necessary amendments in the appeal.

7.With the above direction, this petition is allowed. sd/- 19/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO THE SPECIAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THIRUCHIRAPPALLI.

COPY TO:

1 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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2 THE SECTION OFFICER, V.R.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.(2 COPIES) +1. C.C. to M/S.R. RAJARAMAN Advocate SR.No.868 (I) Date:20/01/2023.

ORDER

IN IN CMA(MD) No.533 of 2020 Date :19/01/2023 SA/SSS/SAR.1/06.02.2023/3P/6C 3/3