Madras High CourtCRP(MD)/987/2017allowed

Icici Lombard Gic Ltd., v. Amsavalli

2018-10-05Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)(PD)No.987 of 2017 and C.M.P.(MD)No.4378 of 2017 ICICI Lombard GIC Ltd., Arasaradi, 7, AA Road, Madurai Nagar, Madurai District.

... Petitioner /Vs./ 1.Amsavalli 2.Thenmozhi 3.Minor.C.Tamilmozhi 4.Minor.C.Malarvizhi 5.Minor.C.Veerapandi (Respondents 3 to 5 are represent through 1st Petitioner as guardian) 6.Periakaruppi 7.Muniyammal 8.Tamil Nadu State Transport Corporation Limited, (Represented by its Managing Director).

12, Ramakrishna Road, Salem - 636 007.

... Respondents Prayer: Civil Revision Petition - filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 24.02.2017 in I.A.No.658 of 2016 in M.C.O.P.No.31 of 2013 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Devakottai, and allow this civil revision petition. For Petitioner : Mr.K.K.Ramakrishnan For R-1 to R-6 : Mr.T.Selvakumaran For R-7 : No such Address For R-8 : No appearance https://hcservices.ecourts.gov.in/hcservices/

ORDER

M.C.O.P.No.31 of 2013 was filed by the claimants before the Motor Accident Claims Tribunal (Subordinate Judge), Devakottai. In the said MCOP, the revision petitioner was shown as the second respondent. Admittedly, in this case, two vehicles are involved. The revision petitioner therefore, filed I.A.No.658 of 2016 for impleading the other vehicle also. The said IA was dismissed. Questioning the same, this civil revision petition has been filed.

2. I am of the view that impleading other vehicle would definitely help avoiding multiplicity of litigation and in apportionment of liability. Therefore, the order impugned in this civil revision petition is set aside. Accordingly, this civil revision petition is allowed.

3. Since MCOP is of the year 2013, the Court below shall dispose of M.C.O.P.No.31 of 2013 within a period of six months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (CS-IV) To The Subordinate Judge Motor Accident Claims Tribunal, Devakottai.

+ 1 CC TO Mr.K.K.RAMAKRISHNAN, ADVOCATE IN SR No. 88774 SM TE/PM/SAR-4 : 01/11/2018 : 2P/3C Order made in C.R.P.(MD)(PD)No.987 of 2017 05.10.2018 https://hcservices.ecourts.gov.in/hcservices/