1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.183 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 Tamil Nadu State Transport Corporation through its Managing Director, Bye-Pass Road, Ellis Nagar, Madurai – 10. .. Petitioner Vs. S.Ponnambalam .. Respondent Prayer: Civil Revision Petition has been filed under Article 227 of the Constitution of India against the order dated 23.12.2010 passed in Execution Application No.1579 of 2010 on the file of the Motor Accidents Claims Tribunal cum Fourth Additional Sub Court, Madurai in Execution Petition No.302 of 2010 on the file of the Motor Accidents Claims Tribunal cum Fourth Additional Sub Court, Madurai in M.C.O.P.No.2255 of 2001 on the file of the Motor Accidents Claims Tribunal cum Second Additional Sub Court, Madurai. For Petitioner : Mr.M.Prakash ORDER This Civil Revision Petition has been directed against the order passed in Execution Application No.1579 of 2010 in Execution Petition No.302 of 2010 in M.C.O.P.No.2255 of 2001 by the Motor Accidents Claims Tribunal/ Fourth Additional Sub Court, Madurai. 2. It is stated in the revision petition that the respondent herein as petitioner has filed M.C.O.P.No.2255 of 2001 on the file of the Motor Accidents Claims Tribunal/Second Additional Sub Court, Madurai praying to pass an executable award, wherein an award has been passed to the tune of Rs.32,389/- with 7.5% interest and the executable award has been put into execution in Execution Petition No.302 of 2010, wherein an order of attachment has been passed by the executing Court. In order to raise the order of attachment, the present execution application has been filed in E.A.No.1579 of 2010 and the executing Court has dismissed the same. Against the dismissal order, the present Civil Revision Petition has been preferred. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Considering the nature of the order passed by the Court below, notice need not be sent to the respondent and the present Civil Revision Petition is disposed of on merits at the stage of admission. 4. The only grouse expressed on the side of the revision petitioner is that in the award passed in M.C.O.P.No.2255 of 2001, it is stated that the revision petitioner should pay 7.5% interest from the date of filing of the petition till payment. But in the decretal order, it has been erroneously mentioned as 15% and in the execution petition the amount has been erroneously calculated on the basis of 15% interest. Under the said circumstances, the attachment order passed in Execution Petition No.302 of 2010 is liable to be raised. 5. The learned counsel appearing for the revision petitioner has also advanced his argument only on the basis of the aforesaid contention. 6. It is an admitted fact that in M.C.O.P.No.2255 of 2001, an award has been passed to the tune of Rs.32,389/- with 7.5% interest from the date of filing of the petition till date of payment. But as rightly pointed out on the side of the revision petitioner, in the decretal order, it has been erroneously mentioned as 15% interest and on the basis of erroneous calculation, Execution Petition No.302 of 2010 has been filed. Even though, erroneous calculation has been made in Execution Petition No.302 of 2010, the revision petitioner is liable to pay Rs.32,389/- with 7.5% interest as directed in the award passed in M.C.O.P.No.2255 of 2001. Considering the fact that the aforesaid amount should be paid by the revision petitioner, it is needless to say that the attachment order passed in Execution Petition No.302 of 2010 cannot be raised and therefore the order passed by the executing Court in Execution Application No.1579 of 2010 is not liable to be set aside. 7. In fine, this Civil Revision Petition deserves dismissal and accordingly is dismissed without costs at the stage of admission and the order passed in Execution Application No.1579 of 2010 in Execution Petition No.302 of 2010 in M.C.O.P.No.2255 of 2001 by the Motor Accidents Claims Tribunal/Fourth Additional Sub Court, Madurai is confirmed. However the revision petitioner is directed to deposit the award amount together with subsequent interest as mentioned in the award passed in M.C.O.P.No.2255 of 2011 within a period of four weeks. After making deposit, the executing Court is directed to pass suitable order in Execution Petition No.302 of 2010. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Motor Accidents Claims Tribunal/ Fourth Additional Sub Court, Madurai. 2.The II Additional Subordinate Judge, Madurai +1cc to Mr.M.Prakash, Advocate Sr.No.3829 smn ssk/11.02.2011 /4c-3p/- C.R.P(PD)(MD)No.183 of 2011 and M.P(MD)No.1 of 2011 01.02.2011 https://hcservices.ecourts.gov.in/hcservices/