Sakthivel vs K.Thalaikondan
2022 Latest Caselaw 10821 Mad

                                                                         C.M.A.No.643 of 2022




                                  IN THE HIGH COURT OF JUDICATURE OF MADRAS

                                              DATED : 22.06.2022

                                                   CORAM:

                                    THE HONOURABLE Ms. JUSTICE P.T. ASHA

                                             C.M.A.No.643 of 2022
                                                     and
                                             C.M.P.No.5024 of 2021


                     Sakthivel                                   ... Appellant

                                                      Vs.

                     1.K.Thalaikondan

                     2.The Manager,
                     United India Insurance Company Limited,
                     No.22, B.P.R. Sundaram Iyer Street,
                     Dharmapuri – 636 701.

                     3.The Manager,
                     United India Insurance Company Limited,
                     SRS Towers, Mettur Main Road,
                     Bhavani.                                    …Respondents




                     1/5



https://www.mhc.tn.gov.in/judis
                                                                                  C.M.A.No.643 of 2022



                     Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the
                     Motor Vehicles Act against the Award and Decree dated 29.08.2019
                     in M.C.O.P.No.147 of 2016 on the file of the learned IV Additional
                     District Judge, Motor Accidents Claims Tribunal, Erode.

                                  For Appellant    :    Mr.C.Kulanthaivel

                                  For Respondents :     Ms. Harini
                                                        for M/s.M.B. Gopalan Associates
                                                        for R2 and R3

                                                        No appearance – R1 – Served.


                                                       JUDGMENT

It is rather unfortunate that the Tribunal after permitting the

claimant to proceed with the entire trial of the claim petition has

dismissed the same on the ground that the Court at Bhavani did not

have jurisdiction. The issue of jurisdiction should have been

considered at the very instance without dragging the parties through a

full fledged trial.

https://www.mhc.tn.gov.in/judis C.M.A.No.643 of 2022

2.The claim petition has been dismissed on the ground of

jurisdiction as well as on the ground that the claimant who was a

minor had been described as a major. The age of the claimant is

material only to fix the negligence when the accident has not been

denied.

3.In these circumstances, this Court is of the opinion that the

matter has to be remitted back to the Court for fresh consideration of

evidence.

4.The learned counsel for the respondents had no objection to

the same. As regards the jurisdiction, the Insurance Company has not

objected to the same since they also have a Branch Office at Bhavani.

In these circumstances, this Civil Miscellaneous Appeal is

allowed and the matter is remitted back to the learned IV Additional

District Judge, Motor Accidents Claims Tribunal, Erode, for fresh

https://www.mhc.tn.gov.in/judis C.M.A.No.643 of 2022

consideration of evidence. Both the parties are permitted to let in

fresh notice. The Tribunal shall endeavour to dispose of the claim

petition within two months from the date of receipt of a copy of this

Judgment. Registry is directed to send back the bundles to the learned

IV Additional District Judge, Motor Accidents Claims Tribunal, Erode

immediately. No costs.

                                                                                22.06.2022

                     Index      : Yes/No
                     Internet   : Yes/No

Speaking order / Non speaking order mps

To

The IV Additional District Judge, Motor Accidents Claims Tribunal, Erode.

https://www.mhc.tn.gov.in/judis C.M.A.No.643 of 2022

P.T. ASHA, J,

mps

C.M.A.No.643 of 2022 and C.M.P.No.5024 of 2021

22.06.2022

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