The Managing Director v. Mr.Nagaraj Rao

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2017

CORAM:

THE HONOURABLE MRS. JUSTICE. PUSHPA SATHYANARAYANA CMA.No.373 of 2017 The Managing Director Karnataka State Road Transport Corporation Limited, K.H.Road, Shantinagar, Bangalore-560 027.

... Appellant/2nd Respondent Vs.

1. Mr.Nagaraj Rao ..1st Respondent/Petitioner

2. The Managing Director Tamil Nadu State Transport Corporation Limited, Bharathipuram, Dhamapuri ...2nd Respondent/1st Respondent Prayer : Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 02.02.2015 made in M.C.O.P.No.2519 of 2013 on the file of the Special Sub Judge ,Motor Accident Claims Tribunal, Krishnagiri. For Petitioner : Mrs.P.Kavitha For Respondent : Mr.D.Vankatachalam (R2)

J U D G M E N T

Learned counsel appearing for the appellant as well as the second respondent, who are the different transport Corporations, involved in the accident contended that the operative portion in the Judgment of the Tribunal is ambiguous and not clear. Therefore the appellant counsel also seems to have filed Memo for correction of the copy of the award, however returned, directing them to file necessary petition. Without doing so the appellant has rushed to this Court, by way of this Civil Miscellaneous Appeal. Unless the ambiguity in the award is cleared, the appeal cannot be taken up.

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2. In view of the same, this Civil Miscellaneous Appeal is rejected giving liberty to the appellant to get the award clarified/corrected in the manner known to law. No costs. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To 1.The Special subordinate judge, Motor Accident Claims Tribunal, Krishnagiri.

+1cc to Mr.D.Venkatachalam,Advocate sr.18622 CMA.No.373 of 2017 gjII(co) ss(10/4/2017) https://hcservices.ecourts.gov.in/hcservices/