M.Ramesh (Owner) v. S.Shabiya Fathima

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI M.Ramesh

...Petitioner

Vs.

1.S.Shabiya Fathima ...1st Respondent in C.R.P.(MD)No.2266/25 1.A.Kurshid Banu ...1st Respondent in C.R.P.(MD)No.2267/25 2.M/s.Tamil Nadu State Transport Corporation Ltd., Bye Pass Road, Madurai.

3.D.Raja (Driver)

...Respondents 2 & 3 in both C.R.Ps.

COMMON PRAYER: Civil Revision Petitions are filed under Article 227 of the Constitution of India, praying to set aside the orders dated 31.01.2025 passed in I.A.Nos.128 & 129 of 2024 in M.C.O.P.Nos.834 & 835 of 2019, on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Madurai and allow the present Civil Revision Petitions. 1/6

For Petitioner : Mr.L.Prabhu [In both C.R.Ps.] COMMON ORDER These Civil Revision Petitions have been filed seeking to set aside the orders dated 31.01.2025 passed in I.A.Nos.128 & 129 of 2024 in M.C.O.P.Nos. 834 & 835 of 2019, on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Madurai.

2.Learned Counsel for the petitioner would submit that the petitioner was impleaded in the cases in M.C.O.P.Nos.834 & 835 of 2019, on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Madurai, at the instance of the claimants in I.A.Nos.128 & 129 of 2024, in the respective MCOP numbers and the implead petitions were allowed as against the petitioner. Learned Counsel for the petitioner would further submit that the respective first respondent claimants claim that they travelled in the petitioner's auto bearing registration number TN 33 J 1573 and at that time, the second respondent transport corporation bus bearing registration number TN 58 N 1184 driven by its driver in a rash and negligent manner dashed against the auto and thereby, the first respondent in both the Civil Revision Petitions sustained injuries and they filed claim petitions in M.C.O.P.Nos.834 & 835 of 2019. During the pendency of the claim petitions, they filed impleading petitions to 2/6

implead the petitioner and the driver / third respondent and the said petitions were allowed. Challenging the same, the present Civil Revision Petitions have been filed.

3.Learned Counsel for the petitioner would submit that the petitioner also made a representation to the District Transport Officer, with regard to the ownership of the auto bearing registration number TN 33 J 1573, in which the RTO sent a reply stating that the owner of the vehicle is one S.Akbar Ali from 15.04.2015. However, the petitioner has been unnecessarily impleaded in the MCOPs. Accordingly, learned Counsel prays for appropriate orders. 4.Since no adverse orders are passed, notice to the respondents is dispensed with.

5.The facts in the present case are not in dispute. Admittedly, the first respondent in both the Civil Revision Petitions filed claim petitions before the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Madurai in M.C.O.P.Nos.834 & 835 of 2019 and that they travelled in the petitioner's auto bearing registration number TN 33 J 1573 and at that time, the second respondent transport corporation bus bearing registration number TN 58 N 1184 driven by its driver in a rash and negligent manner dashed against the auto and thereby, the first respondent in both the Civil Revision Petitions sustained 3/6

injuries. Thereafter, the claimants filed impleading petitions to implead the petitioner and the driver / third respondent in the said MCOPs and the said petitions were allowed. Further, the reply sent by the RTO reveals that the owner of the auto is one S.Akbar Ali. However, mere impleadment of the petitioner in the claim petitions will not deprive the rights of the petitioner to canvas all the points available to him. Hence, this Court does not find any infirmity in the order passed by the trial Court. 6.Accordingly, these Civil Revision Petitions stand dismissed. There shall be no order as to costs.

14.08.2025 Internet:Yes/No Index:Yes/No MR 4/6

To 1.The Motor Accident Claims Tribunal (Chief Judicial Magistrate), Madurai.

2.The Tamil Nadu State Transport Corporation Ltd., Bye Pass Road, Madurai.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

MR 14.08.2025 6/6