Madras High Court
B.Pankajam vs S.Manohar on 2 September, 2024
Author: R.Hemalatha
Bench: R.Hemalatha
CMA.No.2457 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
C.M.A.No.2457 of 2022
1. B.Pankajam
B.Krishna Kumar (Died) ... Appellants
(Cause title accepted vide orders dated 18.03.2022 made
in CMP No.4286/2022 in CMA SR.No. 8620/2022)
vs.
1. S.Manohar
2. The United India Insurance Co. Ltd.,
25A, 3/2, II Floor, Ami Midtown,
D.B.Road, R.S.Puram,
Coimbatore - 641 002. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the Award, dated 19.06.2017 in
M.C.O.P.1684/2013 on the file of the Motor Accident Claims Tribunal,
Special Subordinate Judge, Coimbatore.
For Appellants : Mr.N.Ishtiaq Ahmed
For R2 : Ms.I.Malar
JUDGMENT
Challenging the Award, dated 19.06.2017 passed by the Motor
Accident Claims Tribunal, Coimbatore in M.C.O.P.1684/2013, the present
Civil Miscellaneous Appeal is filed by the claimants.
https://www.mhc.tn.gov.in/judis
2. A perusal of the records shows that the claimants have filed
the claim petition under Section 166(1)(c) of the Motor Vehicles Act,
1988. Since the claimants did not file any oral or documentary evidence,
the Tribunal converted the claim petition as one under Section 140(2) of
the Motor vehicles Act and awarded a sum of Rs.50,000/- to them.
3. Heard Mr.N.Ishtiaq Ahmed, learned counsel for the
appellants and Ms.I.Malar, learned counsel appearing for the second
respondent.
4. Mr.N.Ishtiaq Ahmed, learned counsel for the appellants
contended that the son of the claimants, Boopalan died just four days prior
to the date of passing of decree and Judgment by the Special Subordinate
Judge, Coimbatore in M.C.O.P.1684/2013 and therefore the appellants
could not attend the Court for adducing evidence. Therefore, he prayed
for remitting the matter back to the Tribunal for the purpose of affording
the claimants an opportunity to let in evidence.
https://www.mhc.tn.gov.in/judis
5. Per contra, Ms.I.Malar, learned counsel appearing for the
second respondent contended that the documents have not been filed
before this Court and therefore there is no question of remitting the matter
back to the Tribunal.
6. A perusal of the records filed along with C.M.P.11437/2024
shows that a copy of the FIR, final report and medical bills were filed. In
the circumstances, the orders passed by the Tribunal is liable to be set
aside and the case is remitted back to the same Tribunal to consider the
claim petition on merits and in accordance with law after giving sufficient
opportunity to both the parties to let in evidence. The claimants shall
appear before the Tribunal within a month from the date of receipt a copy
of this order and the Tribunal shall dispose of the case on merits within a
period of three months thereafter.
7. In the result,
i. This Civil Miscellaneous Appeal is allowed. No costs.
ii. The Award, dated 19.06.2017 in M.C.O.P.1684/2013
on the file of the Motor Accident Claims Tribunal /
https://www.mhc.tn.gov.in/judis
Special Subordinate Judge, Coimbatore is set aside.
iii. M.C.O.P.1684/2013 is remitted back to the Motor
Accidents Claims Tribunal / Special Subordinate
Judge, Coimbatore to consider the claim petition afresh
in accordance with law.
iv. The appellants / claimants shall appear before the
Tribunal, within a period of one month from the date of
receipt of a copy of this order/uploading of the order.
v. The Motor Accidents Claims Tribunal / Special
Subordinate Judge, Coimbatore is directed to afford
sufficient opportunity to the parties concerned to
adduce evidence and dispose of the case within a
period of three months thereafter in accordance with
law.
02.09.2024
(2/2)
Index : Yes/No
Speaking/Non-speaking order
Neutral Citation : Yes / No
vum
To
1.The Motor Accidents Claims Tribunal
https://www.mhc.tn.gov.in/judis
/ Special Subordinate Judge,
Coimbatore.
2. The Section Officer, VR Section,
Madras High Court, Chennai.
R.HEMALATHA, J.
vum
https://www.mhc.tn.gov.in/judis
02.09.2024
https://www.mhc.tn.gov.in/judis
