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Pappu vs A.Thirunavukkarasu

Madras High Court|05 September, 2017

JUDGMENT / ORDER

The petitioners are the claimants in M.C.O.P.No.18 of 1992 on the file of the III Additional Sub Court (Motor Accidents Claims Tribunal), Truchirappalli. The Civil Revision Petition (MD).No.1688 of 2003 was filed against the order of attachment of property of the second respondent in execution of the award passed in the M.C.O.P. While passing the order in C.R.P.(MD)No.1688 of 2003, the learned counsel for the Insurance Company, on instructions, had mentioned that the entire amount with interest had already been deposited on 18.07.1994.
2. It is stated by the review petitioner that on verification, it came to light that no such amount was deposited. At the same time, the learned counsel for the Insurance Company is also not able to say as to when the amount was deposited. The claimants have filed this petition to review the order as no amount has been deposited.
3.The review application itself is not maintainable under order 47 Rule 1 of C.P.C. as there is no error apparent on the face of the record and this Court has only recorded what has been stated by the learned counsel for the Insurance Company. If the Insurance Company had falsely represented before this Court, it is open to the claimants to take appropriate proceedings against him. In the absence of any amount being deposited, it is also open to the claimants to attach the property of the second respondent / Insurance Company, sell the same and realize the claim amount. As there is no error apparent on the face of the record, this review petition is liable to be dismissed.
4.This Review Application is, accordingly, dismissed. No costs.
To The III Additional Sub Court (Motor Accidents Claims Tribunal), Truchirappalli.
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Title

Pappu vs A.Thirunavukkarasu

Court

Madras High Court

JudgmentDate
05 September, 2017