S. CAHNDRA SEKHAR Vs. Y. DORASWAMY

JUDGEMENT

(1.) M.A.C.M.A.No.3023 of 2018 is filed under Sec. 173 of the Motor Vehicles Act, 1988 questioning the correctness of the order dtd. 12/7/2018 passed by learned Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, Chittoor (for short, 'the Tribunal') in M.V.O.P.No.226 of 2012.

(2.) C.R.P.No.5383 of 2018 is filed under Sec. 115 C.P.C. questioning the correctness of order dtd. 12/7/2018 of learned Chairman, Motor Accidents Claims Tribunal-cum- Principal District Judge, Chittoor in I.A.No.333 of 2018 in M.V.O.P.No.226 of 2012. Since both the matters are interrelated, they are heard together and are now disposed of by this common order.

(3.) Sri S.Chandrasekar was a Junior Civil Judge, Chittoor. He was travelling in a car being driven by a driver and on 6/2/2012 at about 3:30 P.M. an Ambassador Car bearing No.AP-03-K-2085 came in the opposite direction, on the wrong side of the road and dashed the car of the judicial officer in which the judicial officer suffered various injuries all over the body and also suffered fractures to his left knee and left shoulder. The injured judicial officer filed M.V.O.P.No.226 of 2012 under Sec. 166 of Motor Vehicles Act seeking compensation as against respondent No.1, who was the owner of the offending vehicle, respondent No.3, who was the driver of the offending vehicle and respondent No.2, the insurance company. The matter was pending before the Tribunal at Chittoor and the evidence on behalf of both parties was completed and arguments on behalf of the claimant were heard and for the insurance company also arguments were submitted and while the matter was coming up for hearing arguments on behalf of the owner and driver of the offending vehicle, it was brought to the notice of the learned Tribunal that the claimant- judicial officer Sri S.Chandrasekar died on 2/4/2018. Thus, at the verge of completion of the proceedings before the Tribunal, the injured claimant died. His wife and a daughter (minor) filed I.A.No.333 of 2018 under Order XXII Rule 3 and Sec. 151 C.P.C. praying the learned Tribunal to grant permission to them to be impleaded as legal representatives of the deceased claimant. The owner and driver did not choose to appear and protest as against that prayer. The insurance company filed its counter. After enquiring into that application, the learned Tribunal by assigning its own reasons dismissed the said application. Aggrieved by it, C.R.P.No.5383 of 2018 is filed before this Court by the legal representatives of the deceased. The learned Tribunal having dismissed I.A.No.333 of 2018 holding that the case abated, it dismissed M.V.O.P.No.226 of 2012 as abated. Questioning that order, M.A.C.M.A.No.3023 of 2018 is filed by the legal representatives. The grounds urged in the revision as well as the appeal are common.