Mariammal vs J.Ramajeyam
2022 Latest Caselaw 8542 Mad

                                                                          C.M.A(MD)No.927 of 2021


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 22.04.2022

                                                       CORAM:

                                   THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                    AND
                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                             C.M.A(MD)No.927 of 2021

                     1.Mariammal
                     2.Muthulakshmi
                     3.Mareeswaran
                     4.Lakshmi Ammal                            ... Appellants/Petitioners


                                                      .vs.

                     1.J.Ramajeyam

                     2.Reliance General Insurance Company,
                       3rd Floor, Sri Abirami Towers,
                       Cowly Brown Road,
                       R.S.Puram,
                       Coimbatore                        ... Respondents/Petitioners



                     PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act,
                     against the fair and decreetal order passed in M.C.O.P.No.57 of
                     2018 on the file of the Motor Accident Claims Tribunal / II Additional
                     District Judge, Thoothukudi, dated 06.01.2021.


                                           For Appellant     : Mr.Shathurthi Raja, for
                                                               M/s.S.Kadarkarai
                                           For R-1           : No Appearance
                                           For R-2           : Mr.V.Sakthivel



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https://www.mhc.tn.gov.in/judis
                                                                           C.M.A(MD)No.927 of 2021


                                                         JUDGMENT

*********

R.SUBRAMANIAN,J.

AND N.SATHISH KUMAR , J.

The claimants in M.C.O.P.No.57 of 2018 on the file of the

Motor Accident Claims Tribunal / II Additional District Judge,

Thoothukudi, are on appeal, challenging the rejection of their claim

petition on the ground that the involvement of the vehicle owned by

the first respondent and insured with the second repsondent

Insurance Company, has not been established to the satisfaction of

the Court.

2. Today, the learned counsel for the appellant has produced

documents in the form of charge sheet, 161 Cr.P.C., statements and

deposition in C.C.No.217 of 2019 on the file of the Judicial

Magistrate No.II, Thoothukudi, wherein the driver of the offending

Car bearing Registration No.TN 69 BD 0120 was charged with the

offence of rash and negligent driving. According to the learned

counsel, these documents offer sufficient proof for the involvement

of the Car owned by the first respondent in the accident.

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.927 of 2021

3. The learned counsel appearing for the second respondent /

Insurance Company, would submit that he should be given an

opportunity to let in evidence before the Tribunal in view of the

subsequent revelation.

4. Hence, this Civil Miscellaneous Appeal is allowed. The

order of the Motor Accident Claims Tribunal / II Additional District

Judge, Thoothukudi, dated 06.01.2021, dismissing

M.C.O.P.No.57 of 2018, is set aside and M.C.O.P.57 of 2018, is

remitted to the Tribunal to be disposed of in accordance with law.

The parties will at liberty to let in oral and documentary evidence.

Considering the fact that the accident is of the year 2017, the

Tribunal will endeavour to dispose of the M.C.O.P.57 of 2018, within

six months from the date of receipt of copy of the papers from this

Court. No Costs.

                                                                 [R.S.M.,J.]    [N.S.K.,J.]
                                                                       22.04.2022

                     Index:Yes/No
                     Internet:Yes/No

                     pm

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.927 of 2021

To:

1.The Motor Accident Claims Tribunal/ II Additional District Judge, Thoothukudi.

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

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.927 of 2021

R.SUBRAMANIAN,J.

AND N.SATHISH KUMAR , J.

pm

JUDGMENT MADE IN C.M.A(MD)No.927 of 2021

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.927 of 2021

22.04.2022

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