Madras High CourtCRP(MD)/2693/2015partly allowed

Kamala v. Tamil Nadu State Transport

2016-06-27Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 27.06.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P(MD)No.2693 of 2015 and C.M.P(MD)No.5541 of 2016 1.Kamala 2.Janani 3.Sidharthgoutham .. Petitioners/Respondents/Petitioners vs.

1.Tamil Nadu State Transport Corporation Limited, Rep. By its General Manager, Pudukkottai.

.. 1st Respondent/Petitioner/Respondent 2.Selvaraj 3.The United India Insurance Company Limited, Policy No.090502/310901/00000697, No.1-A, Thanjavur Main Road, Thiruverumbu, Trichy - 13.

.. Respondents 2 & 3/Impleaded as 2nd & 3rd respondents through I.A.No.1 of 2015 in M.C.O.P.No.54 of 2013 Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order, dated 14.08.2014 in I.A.No.1 of 2013 in M.C.O.P.No.54 of 2013 on the file of the Motor Accidents Claims Tribunal, Special District Judge, Tiruchirappalli.

For Petitioners : Mr.P.Ganapathi Subramanian For R - 1 : Mr.D.Sivaraman For R - 2 : No appearance For R - 3 : Mr.K.A.Thirumalaiappan

ORDER

This revision is directed against the order of the Motor Accidents Claims Tribunal (Special District Court), Tiruchirappalli in I.A.No.1 of 2013 in M.C.O.P.No.54 of 2013.

2. The petitioners are the claimants in the original petition. According to the claimants, the first claimant's husband and the father of the claimants 2 and 3 died in a motor accident on 20.05.2009 due to the rash and negligent driving of the driver of the first respondent-Transport Corporation bus. The case of the https://hcservices.ecourts.gov.in/hcservices/

Transport Corporation is that the deceased is the owner cum driver of Maruthi Alto bearing Registration No.TN-45-AY-1960 and due to his negligence, the accident had taken place.

3. Pending the claim petition, the Transport Corporation took out an application in I.A.No.1 of 2013 under Order 1 Rule 10(ii) of C.P.C., to implead the owner of the Maruthi Alto car and his insurer as respondents in the claim petition. The Tribunal, having found that they are the necessary parties, allowed the application. Aggrieved over the order, the present revision is filed.

4. Heard Mr.P.Ganapathi Subramanian, learned counsel appearing for the petitioners, Mr.D.Sivaraman, learned counsel appearing for the first respondent and Mr.K.A.Thirumalaiappan, learned counsel appearing for the third respondent.

5. It is seen that the claim petition is filed only against the Transport Corporation. It is not in dispute that the deceased, who is the owner of the Maruthi car, died in the accident. After his demise, the first claimant has become the owner of the Maruthi car. Admittedly, the car was insured with the third respondentUnited India Insurance Company. In view of the above facts, the first claimant need not be added as respondent in the claim petition.

6. In such view of the matter, this Civil Revision Petition is partly allowed and the United India Insurance Company Limited, No.1-A, Thanjavur Main Road, Thiruverumbu, Trichy, shall be added as the second respondent in the claim petition. No costs. Consequently, connected Miscellaneous Petition is also closed. Considering the fact that the accident had taken place in the year 2009, the Tribunal shall dispose of the claim petition in M.C.O.P.No.54 of 2013 as expeditiously as possible preferably on or before 31.10.2016.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar (CS) To The Special District Judge, Motor Accidents Claims Tribunal, Tiruchirappalli.

+1cc to Mr.D.Sivaraman, Advocate, Sr.No.33579 +1cc to Mr.K.A.Thirumalaiappan, Advocate in SR.No.33511 ps JM/ARK-PV/02.08.2016/2P-4C C.R.P(MD)No.2693 of 2015 and C.M.P(MD)No.5541 of 2016 27.06.2016 https://hcservices.ecourts.gov.in/hcservices/