Madras High Court
The Reliance General Insurance ... vs P.Renuga on 25 April, 2022
C.M.A.No.823 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.823 of 2022
and
C.M.P.No.5891 of 2022
The Reliance General Insurance Company Limited,
Balimer Lawrie House,
No.628, Anna Salai,
Teynampet, Chennai – 600 018. ... Appellant
Vs.
1.P.Renuga
2.Minor Ramiya
3.Minor Divya
4.Minor Barath Kumar
5.Minor Sathishkumar
(Minors 2 & 3 are represented by their,
mother and next friend Renuga)
6.Murugesan
... Respondents
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.823 of 2022
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the Judgment and Decree made in MCOP No.1366 of
2010 dated 24.03.2021, on the file of the Motor Accident Claims Tribunal, VI
Court of Small Causes, Chennai.
For Appellant : Mr.M.B.Raghavan
For Respondents : Mrs.Ramya V.Rao for
Mr.M.Kother Adham for R1 to R5
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
This appeal is directed against the award passed by the Motor Accident
Claims Tribunal, VI Court of Small Causes, Chennai, in MCOP No.1366 of 2010
dated 24.03.2021.
2.One Parthasarathy, S/o Kanniappan met with an accident on 09.10.2009.
The respondents 1 to 5 herein filed MCOP No.1366 of 2010 claiming
compensation of Rs.24,00,000/- on the basis of that they are wife and children of
the deceased. It appears that another claim petition in MCOP No.2184 of 2010
https://www.mhc.tn.gov.in/judis
C.M.A.No.823 of 2022
was filed by one Kamala and others alleging that they are legal heirs of the
deceased Parthasarathy.
3.It is represented by the learned counsel appearing for the parties that both
the claim petitions were pending before the same Tribunal, however, since the
claim petition preferred by the said Kamala was dismissed for non-prosecution, an
award has been passed in this M.C.O.P.No.1366 of 2010.
4.The learned counsels would further state that the claimants in MCOP
No.2184 of 2010 have filed an application to restore the Original Petition and in
the interest of justice, both the claim petitions have to be disposed of by a common
order.
5. In the instant case, it is an admitted fact that in respect of death of
Parthasarathy in an accident, two claim petitions came to be filed claiming that
they are his legal heirs. Although both the petitions were pending before the same
Tribunal, but on account of dismissal of M.C.O.P.No.2184 of 2010 for non
https://www.mhc.tn.gov.in/judis
C.M.A.No.823 of 2022
prospection, an award has been passed in M.C.O.P.No.1366 of 2010. As rightly
pointed out by the learned counsels, in the interest of justice, both the petitions
shall be disposed of together, then only a finding could be rendered, who is the
wife of the deceased.
6. In that view, the Judgment and award passed in M.C.O.P.No.1366 of
2010 is set aside and the matter is remitted back. The learned Judge, VI Small
Causes Court, Chnennai shall restore M.C.O.P.No.1366 of 2010 to the file and
dispose of both the claim petitions by common order as expeditiously as possible
preferably within a period of six months.
7.With the above direction, this Civil Miscellaneous Appeal is disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
25.04.2022
skn
Intex : Yes/No
Internet : Yes/No
https://www.mhc.tn.gov.in/judis
C.M.A.No.823 of 2022
To
1.The Motor Accident Claims Tribunal,
VI Court of Small Causes, Chennai.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.823 of 2022
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.823 of 2022
and
C.M.P.No.5891 of 2022
25.04.2022
https://www.mhc.tn.gov.in/judis
