‘Don’t insist on impleading dead person’
The Madurai Bench of the Madras High Court has directed the Motor Vehicle Accident Claims Tribunal in Virudhunagar to number a claim petition.
It observed that the tribunal had failed to number the petition after it wrongly interpreted a High Court order.
The court was hearing the petition filed by Senthil Kumar and two others from Virudhunagar who sought a direction to number the claim petition before the tribunal. The petition was returned by the tribunal.
Justice R. Subramanian observed that a Division Bench of the court held that when there was an accident involving two vehicles, and both vehicles coud be said to have contributed to the accident, it was for the claimants to implead the owners of both motor vehicles.
“It is this judgment, which had been wrongly relied upon by the tribunal, while numbering the petition. The claimants have been required to implead the owner of the two-wheeler for the death of whom compensation has been sought for. I fail to understand that as to how a deceased person can be impleaded as a party to the proceedings,” the judge said..
Therefore, the return of the claim petition was set aside and the tribunal concerned directed to number the petition without insisting upon impleading of a dead person to an action before the court of law, the judge said.
The Division Bench had directed tribunals in Tamil Nadu and Puducherry not to number any of the claim petitions without impleading the other vehicle which was also involved in the accident. However, the court made it clear that it would not apply to cases of hit and run where the tortfeasor could not be possible of identification.
The tribunals were expected to insist the claimant to array the driver and owner of the other vehicle stated to be involved in the accident as party before numbering the claim petition, the court had said.
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