D.Vijayakumar vs M.Siddhaiyan
2023 Latest Caselaw 16081 Mad

Madras High Court

D.Vijayakumar vs M.Siddhaiyan on 11 December, 2023

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                                  C.M.A.No.2167 of 2018

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 11.12.2023

                                                           CORAM

                                    THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                 C.M.A.No.2167 of 2018
                                                          And
                                                 C.M.P.No.16922 of 2018

                     D.Vijayakumar                                           ... Appellant

                                                              Vs.

                     1.M.Siddhaiyan
                     2.M.Veeramani                                           ... Respondents


                     Prayer:
                          Civil Miscellaneous Appeal filed under Section 173 of the Motor

                     Vehicles Act, 1988, to set aside the award of the Motor Accidents

                     Claims         Tribunal   (Special   District   Judge   at   Erode)     made   in

                     M.C.O.P.No.369 of 2015 dated 06.10.2017 so far as it pertains to the

                     appellant.


                                      For Appellant   : Mr.M.Palani
                                      For Respondents : R1 – Died
                                                        R2 – NRN


                                                      JUDGMENT

The second respondent before the Motor Accidents Claims

Tribunal is the appellant herein. This appeal has been filed against

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

the judgment and decree dated 06.10.2017 passed by the Motor

Accidents Claims Tribunal (Special District Judge at Erode), in

M.C.O.P.No.369 of 2015.

2.The learned counsel appearing for the appellant submitted

that the first respondent claimant filed claim petition before the

Motor Accidents Claims Tribunal, claiming compensation of Rs.5 Lakhs

for the injuries sustained by him in the road accident that happened

on 25.12.2011 and after adjudication, the Tribunal awarded a sum of

Rs.5,13,000/- as compensation to the claimant along with interest at

7.5% p.a. from the date of petition till the date of deposit and

proportionate cost and directed the second respondent and appellant

to deposit the amount equally.

3.The learned counsel appearing for the appellant further

submitted that on 25.12.2011 at about 5.30 p.m., the claimant

travelled as pillion rider in the TVS 50 bike bearing Registration

No.TN 36 C 3365 driven by his friend Sadhaiyan on the Kurichi to

Poonachi Main Road near Jothi Panthal Nilayam. At that time, the

second respondent came from the opposite direction in the Star City

bike bearing Registration No.TN 33 AM 9667 in a rash and negligent

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

manner and dashed against the vehicle in which the claimant

travelled.

4.The learned counsel appearing for the appellant further

submitted that initially the vehicle was owned by the appellant and

subsequently, it was alienated in favour of the second respondent,

however, the second respondent did not take effective steps to

mutate the records, however, the Tribunal fastened 50% liability on

the part of the appellant which is not sustainable one.

5.The learned counsel appearing for the appellant further

submitted that the appellant took private notice to the first

respondent, however, the same returned as the first respondent died

and further submitted that the appellant is not able to trace the legal

heirs of the first respondent.

6.The submission made by the learned counsel appearing for

the appellant reveals that the appellant is not interested in

impleading the legal heirs of the first respondent. Till date, the

appellant has not taken any effective steps to serve notice on the

second respondent. Hence, this appeal is dismissed for non

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

prosecution.

M.DHANDAPANI,J.

pri

7.The civil miscellaneous appeal is dismissed for non

prosecution. The judgment and decree dated 06.10.2017 passed by

the Motor Accidents Claims Tribunal (Special District Judge at Erode),

in M.C.O.P.No.369 of 2015, is confirmed. No costs. Consequently,

the connected miscellaneous petition is closed.

11.12.2023 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No

To

1.The Motor Accidents Claims Tribunal (Special District Judge at Erode).

And

11.12.2023

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