B K PUSHPALATHA Vs. GOPALA

JUDGEMENT

(1.) PETITIONERS in this petition have sought for calling the records in M. V. C. No. 1183/2001 on the file of Motor Accidents Claims tribunal, Srirangapatna and to set-aside the Annexure-A order dated 1st february 2005, passed in M. V. C. No. 1183/2001 on the file of Motor accidents Claims Tribunal, Srirangapatna.

(2.) THE petitioners herein claim that, they are the legal representatives of the deceased late Sri Manje Gowda who had filed the M. V. C. No. 1183/ 2001 on the file of the Additional Motor Accidents Claims Tribunal, srirangapatna ('claims Tribunal' for short) on 30th November, 2001 seeking compensation on the ground that, on 6th July, 2001 at albout 3:30 p. M. near Bisilumaramma Temple at Kallahalli Village, while he was about to cross the road, the first respondent the driver of the Hero Honda motor cycle bearing KA-11/j-8851 came in a rash and negligent manner to endanger human life and dashed against him and caused accident. In the said accident, deceased Manje Gowda sustained grievance injuries. The said claim petition filed by the deceased Manje Gowda had come up for consideration before the Claims Tribunal on 1st February 2005 and the claims Tribunal, after hearing both sides and after considering the material available on record, has allowed the petition and held that, respondents 2 and 3 are jointly and severally liable to pay compensation of a sum of rs. 2,20,000/- with interest at the rate of 8% per annum from the date of petition till it deposits in the Tribunal.

(3.) BE that as it may, this is an unfortunate case, where, during the pendency of the claim petition filed by deceased Manje Gowda, the said late Manje Gowda has died on 26th June, 2004 leaving behind these petitioners as his legal representatives. But, unfortunately, neither the legal representatives nor the Counsel appearing for deceased Manje Gowda have filed any application reporting the death of the deceased Manje Gowda before passing the judgment and award by the Claims Tribunal on 1st february, 2005. When these petitioners came to know about the pendency of the case, they have filed the application under Order 22, Rule 3 of the cpc to come on record as the legal representatives of the deceased Manje gowda. In the said application, they have prayed that, they are entitled to receive the compensation amount as per the order passed by the Claims tribunal, referred above. The said application filed by these petitioners had come up for consideration before the Claims Tribunal on 12th July, 2006. The Claims Tribunal, has proceeded to recall the earlier judgment and order dated 1st February, 2005, but, consequently, dismissed the petition filed under Section 166 of the Motor Vehicles Act, as abated and further directed the amount that was deposited by the Insurance Company to be refunded to it by issuing cheque and to obtain receipt for the same and endorse the same in the order sheet and put up before the Claims tribunal for signature. Being aggrieved by the order impugned passed by the learned Judge of the Additional Motor Accidents Claims Tribunal, srirangapatna, dated 12th July, 2006, petitioners herein felt necessitated to present the instant writ petition, seeking appropriate reliefs as stated supra.