Madras High Court
The Managing Director vs M.D.Ravi (Died) on 5 February, 2021
C.M.A.No.550 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2021
CORAM:
THE HON'BLE Mr. JUSTICE D.KRISHNAKUMAR
C.M.A.No.550 of 2009
and
M.P.No.1 of 2009
The Managing Director,
Pattu Kottai Azhgiri Transport Corpn. Ltd., Vellore,
Chennai.
... Appellant
..vs..
1.M.D.Ravi (Died)
2.R.Gowri
3.R.Devi
4.R.Krishnan
[Respondents 2 to 4 brought on
record as LRs of the deceased 1st
respondent vide order dated
03.02.2021 made in M.P.Nos.1 to 3
of 2015 in CMA.No.550 of 2009]
... Respondents
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C.M.A.No.550 of 2009
PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act,
1988, to set aside the award made in MCOP.No.1068 of 2003 dated
08.01.2008 on the file of the Motor Vehicles Accident Claims Tribunal
and Small Causes Court III at Chennai.
For Appellant : Mr.C.S.K.Sathish
For Respondents : R1 – died
Mr.S.Parthasarathy for R2 to R4
JUDGMENT
This Civil Miscellaneous Appeal is filed to set aside the
award made in MCOP.No.1068 of 2003 dated 08.01.2008 on the file of
the Motor Vehicles Accident Claims Tribunal and Small Causes Court III
at Chennai.
2. On 27.06.1994 at about 1.00 p.m, the petitioner was
traveling as a passenger in the bus belonging to the respondent bearing
Reg.No.TN-23-N-0371, the bus was driven by its driver in a rash and
negligent manner near Y.M.C.A. at Nandanam and dashed against the
parked bus and caused the accident in which the petitioner had sustained
grievous injuries. For the injuries sustained by the claimant, he had filed
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C.M.A.No.550 of 2009
a claim petition in MCOP.No.1068 of 2003 claiming a compensation of
Rs.1,50,000/-.
3. Before the Tribunal, the claimant and one
Dr.J.R.R.Thiagarajan were examined as PW1 and PW2 and Ex.P1 to
Ex.P6 were marked on the side of the claimant. On the side of the
Transport Corporation one Subramanian was examined as RW1 and no
evidence were marked. On a consideration of the materials, the Tribunal
has awarded a sum of Rs.1,00,000/- along with the interest at the rate of
7.5% p.a. Aggrieved by the said award of the Tribunal, the Appellant/
Transport Corporation has come up on appeal before this court.
4. From a perusal of records, it is seen that notice was
ordered to the 1st respondent/claimant. Subsequently, it was brought to
the notice of this Court that the legal representatives have also filed a
petition before this Court to bring them on record along with the condone
delay petition. In the said petition it is clearly mentioned by the legal
representatives that the 1st respondent/claimant died on 10.11.2006. In
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C.M.A.No.550 of 2009
view of the above statement of the legal representatives, it is clear that
the deceased claimant/R1 had died before filing of the present appeal.
Hence, the appeal against the dead person is not maintainable. Therefore,
the appeal against a dead person is impermissible in law and liable to be
dismissed.
5. Accordingly, this Civil Miscellaneous Appeal is
dismissed. No costs. Consequently, the connected miscellaneous
petition is closed. It is for the legal heirs to workout the remedy in
accordance with law for amending the cause title in the award.
05.02.2021
dsa
Index : Yes/ No
Internet : Yes/ No
Speaking order/ Non-speaking order
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C.M.A.No.550 of 2009
To
1.The Motor Accidents Claims Tribunal,
Small Causes Court – III, Chennai.
2.The Managing Director,
Pattu Kottai Azhgiri Transport Corpn. Ltd., Vellore,
Chennai.
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C.M.A.No.550 of 2009
D.KRISHNAKUMAR, J.,
dsa
CMA.No.550 of 2009
05.02.2021
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