M. RAJENDRAN Vs. S.K. NATESAN

JUDGEMENT

(1.) C.R.P.(NPD) (MD) No. 169 of 2017 has been laid impugning the order, dated 26.12.2016, passed in E.P. No. 63 of 2012 in M.C.O.P. No. 355 of 2004, on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Karur.

(2.) C.R.P.(NPD) (MD) No. 170 of 2017 has been laid impugning the order, dated 26.12016, passed in E.P.No.64 of 2012 in M.C.O.P. No. 348 of 2004, on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Karur.

(3.) On the basis of the materials placed, it is found that the petitioner, who is the third respondent in M.C.O.P. Nos. 348 and 355 of 2004, on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Karur, has suffered decrees in the above said proceedings along with the other respondents in respect of the claim applications preferred by the claimants in the said proceedings, which had been levied seeking for compensation with reference to the motor vehicle accident. It is found that awards have been passed in the above said M.C.O.Ps., holding that the respondents, including the petitioner herein, are jointly and severally liable to pay the compensation granted in the said proceedings in favour of the claimants therein. It is also found that the respondents 1 to 3/respondents 4 to 6 in the above said M.C.O.Ps., preferred civil miscellaneous appeals impugning the awards passed in the M.C.O.P. Proceedings. However, the civil miscellaneous petitions have come to be disposed of by modifying the award amount passed by the Motor Accident Claims Tribunal, however, holding that the modified award amounts are jointly and severally to be paid by the respondents 1 to 3/respondents 4 to 6 along with the other respondents and accordingly, it is found that they having deposited the award amount pursuant to the orders passed in the M.C.O.P. Proceedings as modified by the Appellate Court in the C.M.A. Proceedings, it is found that the High Court in the C.M.A. Proceedings granted liberty to them to initiate appropriate proceedings by way of execution proceedings for the recovery of the award amount along with interest accrued thereon from the respondents 2 and 3 in the M.C.O.P. Proceedings i.e., Ravi and Rajendran (petitioner herein), who were held to be in possession and control of the offending vehicle.