Madras High Court
CRP/3839/2023 of S. RAVI Vs Manimegalai on 8 October 2026
CRP.No.3839 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP.No.3839 of 2023
CNR:{HCMA011438152023}
and
CMP.No.23744 of 2023
S. Ravi
..Petitioner(s)
Vs
1. Manimegalai
2. M. Govindan
3. Nagapriya
4. Moorthy
5. The Oriental Insurance Company Ltd.,
No.81-C, First Floor, KRC Complex,
Chennai Road, Krishnagiri.
6. The Managing Director
Tamil Nadu State Transport Corporation,
No.12, Ramakrishna Road, Salem.
..Respondent(s)
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to strike off the proceedings as against the petitioner in E.P.No.20 of 2022 in M.C.O.P.No.521 of 2015 dated 19.11.2021 on the file of the Additional District Judge Court, Thirupattur.
CRP.No.3839 of 2023
For Petitioner
: Mr.S.Shaik Mohamed
for M/s.V.Nithyanandam
For R1 to R4
: M/s.Mumtaj Surya
For R5
: No Appearance
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ORDER
The Civil Revision Petition is filed seeking to strike off the execution petition in E.P.No.20 of 2022 filed by the respondents 1 to 4 as against the petitioner.
2. The respondents 1 to 4 herein filed a Motor Accident Claims Petition in M.C.O.P.No.521 of 2015 seeking a recovery of compensation for the death of son of the respondents 1 and 2 and brother of the respondents 3 and 4. The said claim petition was allowed by fixing the compensation payable to the claimants at Rs.15,26,000/-. The Tribunal fixed 50% of the negligence on the 3rd respondent in the claim petition namely the Managing Director, TNSTC, Salem. The remaining 50% of negligence was fixed on the driver of the vehicle belonged to the petitioner/1st respondent therein. Since the petitioner herein failed to pay his share of the award amount, the respondents 1 to 4/decree
CRP.No.3839 of 2023
holders filed the execution petition. Aggrieved by the same, the petitioner has filed the instant revision seeking to strike off the execution petition filed by the respondents 1 to 4.
3. The learned counsel appearing for the petitioner would submit that the petitioner was not owner of the vehicle involved in the accident, at the time of accident as he sold the vehicle to a third party.
4. The petitioner failed to appear before the Tribunal and raise the issue with regard to the transfer of ownership. The points which ought to have been raised in the main original petition and not raised cannot be allowed to be raised in the execution proceedings in view of Explanation IV to Section 11 of the Civil Procedure Code. The said plea is barred by doctrine of constructive res judicata. Further, whether the petitioner was owner of the vehicle at the relevant point of time or not is a question to be decided based on evidence. The petitioner has not produced any materials before this Court to suggest the vehicle was validly transferred in favour of the third party before accident.
5. In view of the above reasons, I do not find anything to strike off the execution petition filed by the respondents 1 and 4.
CRP.No.3839 of 2023
6. Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dm To
1. The Additional District Judge Court, Thirupattur.
2. The Managing Director Tamil Nadu State Transport Corporation, No.12, Ramakrishna Road, Salem.
CRP.No.3839 of 2023
S.SOUNTHAR J. dm CRP.No.3839 of 2023 and CMP.No.23744 of 2023 08-10-2026