Madras High CourtCRP(MD)/530/2014allowed

V.Marimuthu v. Muthulakshmi

2016-11-01Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2016

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR C.R.P.(PD)(MD)No.530 of 2014 and M.P.(MD).No.1 of 2014

1. V.Marimuthu

2. V.Esakkimuthu ... Petitioners Vs.

1. Muthulakshmi

2. M.Gopi

3. T.S.Arunachalam Nadar

4. Reliance General Insurance Company Limited, No.10/4/4, Thaha Plaza 2nd Floor, South Bye Pass Road, Vannarapettai, Tirunelveli-3.

5. V.Thangammal ... Respondents PRAYER : The Civil Revision Petition is filed under Article 227 of the Constitution of India against the return order made in unumbered I.A. of 2014 in M.C.O.P.No.252 of 2013 on the file of the Motor Accident Claims Tribunal (Ist Additional District Judge), Thoothukudi.

For Petitioners : Mr.T.Selvakumaran For R1 : Mr.R.Balakrishnan For R2 to R5 : No appearance

O R D E R

The Civil Revision Petition is filed against the return order made in unumbered I.A. of 2014 in M.C.O.P.No.252 of 2013 on the file of the Motor Accident Claims Tribunal (Ist Additional District Judge), Thoothukudi.

2. According to the petitioners, the respondents herein filed M.C.O.P.No.252 of 2013 before the Motor Accident Claims Tribunal, (Ist Additional District Judge), Thoothukudi, for compensation of Rs.50 lakhs, due to the death of the claimant's husband in a motor vehicle accident took place on 15.06.2011 at 3.30 hrs. at Chennai - Tuticorin National Highway Road at Padalur Diversion at Perambalur. The petitioners had filed an I.A.No. of 2014 to implead the proposed parties viz., Marimuthu and Esakkimuthu as a https://hcservices.ecourts.gov.in/hcservices/

necessary party in the said claim petition and both of them are brothers of the deceased Sudalai. But the said application was returned on 24.02.2014. Therefore, he has filed the present civil revision petition.

3. Notice served to the respondents. Mr.R.Balakrishnan, learned counsel appears for R1 and none appeared for R2 to R5.

4. The learned counsel appearing for the first respondent/claimant in M.C.O.P.No.252 of 2013 has no objection for impleading the revision petitioners as a party to the M.C.O.P. proceedings, which is now pending before the Motor Accident Claims Tribunal (Ist Additional District Judge), Thoothukudi.

5. In view of the submissions made by the learned counsel for the first respondent/claimant, the Civil Revision Petition is allowed and the Motor Accident Claims Tribunal (Ist Additional District Judge), Thoothukudi is directed to number the I.A.SR. , if it is in order and to pass appropriate orders in the aforesaid application, within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar akv To The Motor Accident Claims Tribunal (Ist Additional District Judge), Thoothukudi.

COPY TO:

THE RECORD KEEPER/SECTION OFFICER, V.R.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1cc to Mr.t.Selvakumaran Advocate Sr.No. 65348 JAM/30.11.16/ck/2P-4C C.R.P.(PD)(MD)No.530 of 2014 01.11.2016B https://hcservices.ecourts.gov.in/hcservices/