GOWRI Vs. IRULANDI

JUDGEMENT

(1.) THIS Civil Revision petition has been filed to set aside the order passed by the Motor Accidents Claims Tribunal (Subordinate Judge), Tiruppur, in taking on file M.C.O.P.No.724 of 2006, dated 12.7.2006, and to reject the said petition.

(2.) THE learned counsel for the petitioner had stated that the petition, in M.C.O.P.No.724 of 2006, had been taken on file by the Motor Accidents Claims Tribunal, Tiruppur, without following the procedures established by law. THE petition had been taken on file, without noticing that the first respondent cannot have any remedy and as such, he cannot file the Motor Accident Claims Original Petition, as per Section 8(A), 9 and 10 of the Hindu Succession Act, 1956, as he does not come under the category of Class I heirs.

(3.) IN view of the submissions made by the learned counsels appearing on behalf of the parties concerned and on a perusal of the records available, this Court is of the considered view that the civil revision petition filed by the petitioners is devoid of merits. It is seen that M.C.O.P.No.724 of 2006, had been filed by the parents of the deceased, Ganesan, and the petitioners in the Civil Revision Petition have also been made as parties to the petition, as the third and the fourth respondents. This Court is not inclined to grant the reliefs, as prayed for by the petitioners in the present civil revision petition, at this stage. However, it is made clear that it would be open to the petitioners to raise the issue regarding the maintainability of the Motor Accidents Claims Original Petition, before the Motor Accidents Claims Tribunal (Subordinate Judge, Tiruppur), in the manner known to law, and it is for the said Tribunal to adjudicate the said issue, as and when it arises for its consideration, on merits and in accordance with law. The civil revision petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed.