Lakshmi vs N.Mohamed Hanifa : Ist
2022 Latest Caselaw 7122 Mad

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 05.04.2022

                                                       CORAM:

                              THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                            C.M.A(MD)No.1371 of 2011


                     M.Bose(died)

                     1.Lakshmi

                     2.Minor Ilavarasan

                     3.Minor Ramya

                     (Minor Appellants 2 and 3 are represented by their mother and
                     guardian, the first appellant herein Lakshmi)

                     (Appellants 1 to 4 are impleaded as legal heirs of the
                     deeased appellant Bose as per order made in I.A.No.653 of 2009,
                     dated 24.03.2010)
                                                   :Appellants/Petitioners

                                                .vs.


                     1.N.Mohamed Hanifa                : Ist Respondent/Ist Respondent

                     2.The National Insurance Company,
                       through its Divisional Manager,
                       Office at 3-A, North Veli Street,
                       Madurai -1                   :2nd Respondent/2nd Respondent



                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988, against the fair and decretal order made


                     1/4
https://www.mhc.tn.gov.in/judis
                     in M.C.O.P.No.134 of 2010, dated 30.06.2011, on the file of the
                     Motor              Accidents       Claims       Tribunal(Chief       Judicial
                     Magistrate),Sivagangai.


                                        For Appellant            :Mr.Anand Chandrasekar
                                                                  for Sarvabhuman Associates

                                        For Respondent-1         :Dismissed vide order, dated
                                                                  10.11.2019

                                        For Respondent-2         :Mr.N.S.Ramakrishnan

                                                    JUDGMENT

*********

This Civil Miscellaneous Appeal is directed against the fair and

decretal order made in M.C.O.P.No.134 of 2010, dated 30.06.2011,

on the file of the Motor Accidents Claims Tribunal(Chief Judicial

Magistrate),Sivagangai.

2.Heard the learned counsel appearing on either side and

perused the materials placed before this Court.

3.The original claimant-Bose filed the above M.C.O.P.No.134

of 2010 claimaing compensation for the accidental injuries suffered

by him and pending trial, he died. His legal representatives were

brought on record as per order made in I.A.No.653 of 2009,dated

24.03.2010. During trial, no sufficient document has been filed

https://www.mhc.tn.gov.in/judis before the Court belw as to the maintainability of the claim case by

the legal representatives. No case is made out by filling the medical

expenses met by the family members, which can be compensated.

Admittedly, no document was filed before the Tribunal in respect of

the medical expenses incurred by them by way of medical bill.Even

in the appeal stage also, no document whatsoever is filed by the

claimants.The reasoning given by the claimants is not satisfactory to

this Court and hence, this Court is of the view that the appeal

deserves no merit acceptance and thus the same fails.

4.Accordingly, the Civil Miscellaneous Appeal stands

dismissed. No costs.

05.04.2022

Index:Yes/No Internet:Yes/No vsn

To

1.The Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Sivagangai.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis RMT.TEEKAA RAMAN.,J.

vsn

JUDGMENT MADE IN C.M.A(MD)No.1371 of 2011

05.04.2022

https://www.mhc.tn.gov.in/judis