V.Lakshiya Magantha vs Mr.K.Vanchinathan
2022 Latest Caselaw 4040 Mad

                                                      1

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 02.03.2022

                                                   CORAM :

                          THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                        C.M.A.(MD).No.821 of 2021


                  V.Lakshiya Magantha
                                                                               ... Appellant

                                                     Vs.
                  1.Mr.K.Vanchinathan

                  2.The Branch Manager,
                    M/s. United India Insurance Company Limited,
                    254, Goods Shed Street,
                    Madurai.

                                                                             ... Respondents

                  PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
                  Motor Vehicles Act, 1988, against the award passed in M.C.O.P.No.1259 of
                  2005, dated 23.12.2020, by the Sub Court (Motor Accident Claims Tribunal),
                  Melur.




                                   For Appellant     : Mr.B.A.Muruganantham
                                   For R1            : Mr.Sivasudhan
                                   For R2            : Mr.J.S.Murali



https://www.mhc.tn.gov.in/judis
                                                           2


                                                   JUDGMENT

The Civil Miscellaneous Appeal has been filed by the claim petitioner

against the award passed by the Sub Court (Motor Accident Claims

Tribunal), Melur in M.C.O.P.No.1259 of 2005, dated 23.12.2020.

2. The unsuccessful claim petitioner is the appellant herein. She filed

M.C.O.P.No.1259 of 2005 before the Sub Court (Motor Accident Claims

Tribunal), Melur, claiming compensation of Rs.2,00,000/-, alleging that she

sustained injury in the road accident and the owner of the vehicle is none

other than her husband. The Insurance Company is arrayed as the second

respondent. Both the respondents remained ex-parte before the Tribunal. She

has not filed any R.C.Book or copy of the Insurance before the Tribunal and

hence, the Tribunal has dismissed the M.C.O.P.No.1259 of 2005. Aggrieved

over the same, the present Civil Miscellaneous Appeal has been filed.

3. The learned counsel appearing for the appellant/claim petitioner

would contend that at the time of filing of the M.C.O.P.No.1259 of 2005, the

husband and wife are living separately and now they filed the copy of the

R.C.Book and the Bike Insurance in the typed set of papers.

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

4. After perusing the records, I find that whether the vehicle is

belonging to the first respondent and the same is insured with the second

respondent has to be gone into by the Tribunal. Since these documents are

not filed before the Tribunal, the claim petition has been rejected. At the time

of accident, the claim petitioner was aged about 19 years. The accident has

taken place on 29.01.2005 and she has taken treatment in Meenakshi Mission

Hospital, Madurai and subsequently, at Jawahar Hospital and she was also in-

patient for some time. Hence, an opportunity has to be given to the parties.

Since these two documents are not filed before the Tribunal for consideration

and also the respondents are not filed any counter statement before the

Triunal, in the interest of justice, the following order is passed.

5. The Civil Miscellaneous Appeal is allowed and the award passed by

the Sub Court (Motor Accident Claims Tribunal), Melur in M.C.O.P.No.1259

of 2005, dated 23.12.2020, is set aside and the matter is remitted back to the

Sub Court, (Motor Accident Claims Tribunal), Melur for reconsideration and

the Tribunal is directed to take up the M.C.O.P.No.1259 of 2005 on file. If

the respondents want to file counter, they are directed to file counter within a

period of six weeks from the first hearing date and thereafter the Tribunal is

directed to dispose of the M.C.O.P.No.1259 of 2005 within a period of https://www.mhc.tn.gov.in/judis

twelve weeks. It is open to the second respondent/Insurance Company to file

necessary application, if so advised. It is also open to the second

respondent/Insurance Company to take all such pleadings available in

accordance with law. No costs.

                  Index :Yes/No                                                       02.03.2022
                  Internet:Yes/No

                  akv

                  Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

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

To

1.The Sub Court (Motor Accident Claims Tribunal), Melur.

2.The Branch Manager, M/s. United India Insurance Company Limited, 254, Goods Shed Street, Madurai.

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

RMT.TEEKAA RAMAN, J.

akv

C.M.A.(MD).No.821 of 2021

02.03.2022

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