MANI @ KALAIMANI Vs. V. INDIRANI

JUDGEMENT

(1.) The order dated 07.01.2009 passed in I.A.No.273 of 2008 in I.A.No. 166 of 2007 in M.C.O.P.No.156 of 2007 by the learned Subordinate (MACT) Judge, Karur is being challenged in the present Civil Revision Petition.

(2.) The respondent was the claimant and the Petitioner was the 2nd respondent in the claim petition. The claimant, who is the injured person, has filed claim petition in M.C.O.P.No.156 of 2007 before the Motor Accident Claims Tribunal, Karur. The case of the petitioner/claimant is that on 05.09.2006 at about 12.30 p.m., at Karur - Trichy main road, while the petitioner along with her baby Vishwa, aged about 2 years and one Chandra and her grand mother were standing on the extreme left side of the road, the driver of the Tractor bearing registration No.TN 63 5616 came from South to North in a rash and negligent manner and hit against the petitioner and her relatives, as a result of which, the petitioner's grand mother Chinnathai died on the spot. Further, the petitioner also sustained multiple injuries. The petitioner in order to protect her baby, threw it away, but unfortunately, the child was also sustained fractures and injuries as stated in the petition. Therefore, she preferred a claim petition against the first respondent/driver, the second respondent/transferee of the vehicle and the third respondent/transferor of the vehicle. Admittedly, in the R.C.Book, the name of the owner was shown as Mr.Ravi Kumar, who is the transferor of the vehicle according to him. But on the date of accident, the transferee name was not entered in favour of the second respondent in the R.C.Book. The first respondent, who is the driver of the vehicle, is the son of the second respondent.

(3.) Under the said circumstances, the injured/respondent preferred I.A.No.166 of 2007 against the petitioner herein for attachment of property, in the capacity of owner of the vehicle. In I.A.No.166 of 2007, the lower Court has passed an exparte order. Against which, the petitioner has filed I.A.No.273 of 2008 in I.A.No166 of 2007. After hearing both the parties, the Court below vide order dated 07.01.2009 directed the petitioner herein to deposit a sum of Rs. 2,00,000/- on or before 30.01.2009. Aggrieved by the said order of the learned Judge, the present Civil Revision Petition has been filed by the petitioner.