Tamil Nadu State Transport Corporation Ltd. v. G. Sakuntala & Another
2009-02-17
A.C.ARUMUGAPERUMAL ADITYAN
body2009
DigiLaw.ai
Judgment :- Heard the learned counsel appearing for the revision petitioner and the learned counsel appearing for caveators/respondents 1 and 2. 2. Under this revision, the order passed in M.P.No.5436 of 2008 in M.C.O.P.No.1387 of 2003 on the file of the Motor Accidents Claims Tribunal/III Judge, Court of Small Causes, Chennai, an application filed under Order 9 Rule 13 of CPC is challenged. 3. The learned counsel for the revision petitioner would state that he has no objection for allowing M.P.No.5436 of 2008 provided the petitioner therein is directed to deposit 1/4th of the award amount with proportionate interest and cost instead of ½ of the award amount as directed by the learned Motor Accidents Claims Tribunal/III Judge, Court of Small Causes, Chennai . For the said course, the other side has no objection. 4. In fine, this civil revision petition is disposed of with the following modification. The order passed in M.P.No.5436 of 2008 in M.C.O.P.No.1387 of 2003 on the file of Motor Accidents Claims Tribunal/III Judge, Court of Small Causes, Chennai, a petition under Order 9 Rule 13 CPC(M.P.No.5436 of 2008) will be allowed on condition, the petitioner deposits 1/4th of the award amount with proportionate interest and cost on or before 23. 2009 failing which this civil revision shall deem to have been dismissed. On compliance of this order, the learned Motor Accidents Claims Tribunal/III Judge, Court of Small Causes, Chennai is directed to take up M.C.O.P.No.1387 of 2003 to his file and to dispose of the same within a period of three months thereafter. No costs. Consequently, connected M.P.No.1 of 2009 is closed.