K.BALAJI Vs. SELVI

JUDGEMENT

(1.) The revision petitioner herein is the 3rd respondent in MCOP.No.6560 of 2018 pending on the file of the Motor Accidents Claim Tribunal, Chennai, who had taken out an interlocutory application in MP.No.16 of 2025 to reopen his side of evidence in order to lead oral and documentary evidence. The said application was opposed and the tribunal had subsequently dismissed the same, vide order dtd. 12/6/2025, finding that the petitioner earlier filed MP.No.14 of 2025 for the very same purpose of reopening the case and despite the same being allowed, the petitioner did not utilise the opportunity given to him and therefore, the present application in MP.No.16 of 2025 filed for the very same relief is not maintainable. Challenging the same, the present Revision petition has been filed.

(2.) Learned counsel for the petitioner states that, the petitioner is the purchaser of the vehicle from the 6th respondent herein, who is the 1st respondent in the MCOP proceedings and therefore, the petitioner intendeds to lead evidence. He would state that the impleadment of the petitioner in the MCOP proceedings was not opposed and was rightly ordered by the tribunal. Counter statement has been filed by the petitioner along with certain documents and only to establish the contentions of the revision petitioner, the petitioner has sought for an opportunity to reopen the evidence and permit him to adduce oral and documentary evidence.

(3.) Mr.D.Bhaskaran, the learned counsel appearing for the 7th respondent/insurance company submits that, in terms of Sec. 2(30) r/w. 50 of the Motor Vehicles Act, the registered owner being the 6th respondent, the petitioner has no say in the present MCOP proceedings, even though he may have been impleaded as one of the respondents. Learned counsel further submits that the parties have already gone for trial and it is already established that there is a breach of policy conditions and therefore, eventually, the insurer may also be held to be not liable and it is a matter to be resolved between the registered vehicle owner and the claimants, unless otherwise directed by the tribunal.