Nerella Laxmi 2 Others vs Puppala Dharmender 2 Others
2022 Latest Caselaw 3230 Tel

      THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI


                     M.A.C.M.A. NO.387 OF 2016


                           JUDGMENT

This appeal is filed by the claimants against the dismissal of

M.V.O.P.No.700 of 2010 by the Motor Accident Claims Tribunal (VII

Additional District Judge) at Warangal (for short "the Tribunal") on the

ground of non-joinder of necessary party, i.e., non-joinder of the mother

of the deceased.

2. The claimants are the dependents of the deceased who died in the

motor vehicle accident that occurred on 08.03.2008. The claimants are

the wife and children of the deceased. At the time of the hearing of the

case, the Tribunal noticed that the claimants have not made the mother

of the deceased as party to the claim petition. Holding that she is also

the legal representative of the deceased and she has to be made as party

to the claim petition, the Tribunal dismissed the petition for want of

necessary party. Against the same, the present appeal is filed.

3. Sri Kota Subba Rao, learned counsel representing Sri Ajay Kumar

Maddisetty, learned counsel for the claimants/appellants, submitted that MACMA No.387 of 2016

the mother of the deceased also died after filing of the claim petition and

therefore, she cannot be now impleaded in the MVOP. However, with

regard to her death certificate, he submitted that the claimants are not

able to obtain any evidence with regard to the death of the deceased and

that they would produce the same as and when they are able to procure

the same from the authorities. He placed reliance upon a judgment of

this Court in the case of P. Sujathamma and others Vs. G.M. Siva

Prasad and another1, wherein under similar circumstances, this Court

held that the claim petition shall be decided and compensation be

awarded amongst all the legal heirs of the deceased and with regard to

the portion of the compensation amount to which the legal heir, who is

not impleaded as a party to the claim petition, is entitled, his/her share of

compensation shall be set apart and the balance compensation amount

shall be disbursed among the legal heirs to the claim petition. According

to him, upon production of the death certificate of the deceased mother,

the portion of the compensation amount set apart for her may also be

apportioned amongst her legal heirs subsequently.

1996 (4) ALT 796 MACMA No.387 of 2016

4. Learned Standing Counsel for the Corporation is also heard and

he submitted that the appeal will have to be remanded to the Tribunal as

the quantum of compensation has not been decided by the Tribunal.

5. Having regard to the rival contentions and also the material on

record, it is seen that the claimants are the only legal heirs of the

deceased at this point of time. If their contention that the mother of the

deceased also died subsequently is to be accepted, as per the judgment

of this Court in the case of P. Sujathamma and others Vs. G.M. Siva

Prasad and another (1 supra), the claim petition shall be entertained

and decided by the Tribunal in accordance with law and the

compensation to be awarded to the mother of the deceased shall not be

disbursed till the claimants produce the death certificate in proof of her

death. The Tribunal shall compute the compensation amount and is

therefore directed to follow the judgment of the Hon'ble Supreme Court

in the case of P. Sujathamma and others Vs. G.M. Siva Prasad and

another (1 supra) and set apart the share of the deceased mother and

disburse the balance compensation amongst the claimants in the

proportion in which they are eligible. The share of the deceased mother

shall be kept undisbursed till the death certificate of the mother of the

deceased, in proof her death is produced by the claimants. As the MVOP MACMA No.387 of 2016

is of the year 2010, the Tribunal is directed to dispose of the claim

petition within a period of three (3) months from the date of receipt of a

copy of this order. The parties are directed to cooperate and produce

necessary evidence before the Tribunal for determination of the claim

petitioner expeditiously.

6. With the above directions, the MACMA is allowed. MVOP

No.700 of 2010 is remanded to the Tribunal for disposal in accordance

with law. No order as to costs in this appeal.

7. Pending miscellaneous petitions, if any, in this MACMA shall

stand closed.

___________________________ JUSTICE P. MADHAVI DEVI

Date: 01.07.2022 Svv