E CHANDRAMATHI Vs. TECHNI BHARATHI

JUDGEMENT

(1.) A 40 year old man sustained very serious injuries in a motor accident on 22/01/1995. According to the claimants, while he was travelling in an autorickshaw, a lorry bearing Registration No. KL-7G-7871 hit the auto and because of the negligent driving of the lorry, he sustained injuries. He filed an application for compensation claiming an amount of Rs.1,12,750/-. At the age of 45, within five years of the accident, he died. His wife and the children 2 and 3 were impleaded. The appellants has got a case that even though his death is not the direct result of the accident, injuries in that accident also might have caused an early death. Tribunal noticed that additional claimants 2 and 3 are minors and they are not represented by a guardian and the parents of the deceased were not brought to the party array and atleast his mother should have been brought into the party array. On that ground, the claim was rejected. We are of the opinion that the Tribunal went wrong in taking such a view. The strict rules of Civil Procedure Code (CPC) are not applicable in motor accident claims before the Tribunal. Since the wife was impleaded as the party, even if children were not represented by a best friend Tribunal cannot dismiss the petition. It is also submitted that a petition was filed to represent the children by the mother and that was dismissed. Even if the compensation is calculated without all legal representatives as parties, it could have been distributed among the rightful claimants. The endeavour of the Tribunal is to find out whether the accident is occurred due to the negligence of the driver and victim's dependants are entitled to compensation. With regard to non impleading of the parents, opportunity should have been given to the claimants to implead them if they are to be impleaded. The procedure adopted by the Tribunal is totally not acceptable. It is not for the Tribunal to dismiss the case for some technical reasons when dealing with cases of motor accident victims. It is also noticed that even in the first page of the award, it is stated that additional respondents 3 and 4, minors are represented by next friend mother, Additional 2nd claimant, E. Chandramathi, wife of the deceased. Therefore, it can be seen that the children were represented by mother. In the above circumstances, we set aside the award and remand the matter to the Tribunal. If any technical defects are there, claimants should be allowed to cure the defects. Matter is remanded to the Tribunal. Parties may appear before the Tribunal on 12/08/2008. Parties are allowed to adduce further evidence. Since the accident occurred in 1999, Tribunal is directed to dispose of the case as expeditiously as possible.