1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2011 C O R A M THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL MISCELLANEOUS APPEAL No.947 of 2011 M.Ramasamy .. Appellant Vs. 1.V.Mani 2.United India Insurance Co. Ltd., Rural Branch, 75-A, Salai Road, Trichy – 18 represented by its Branch Manager. .. Respondents Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the order dated 25.07.2007 passed in M.C.O.P.No.397 of 2003 by the Motor Accidents Claims Tribunal/Chief Judicial Magistrate's Court, Tiruchirappalli. For Appellant .. Mr.K.K.Senthil For Respondent .. Mr.B.Prahalad Ravi No.1 for M/s.Hall Mark Associates JUDGMENT The dismissal order dated 25.07.2007 passed in M.C.O.P.No.397 of 2003 by the Motor Accidents Claims Tribunal/Chief Judicial Magistrate's Court, Tiruchirappalli is being challenged in the present Civil Miscellaneous Appeal. 2. The appellant herein as petitioner has filed M.C.O.P.No.367 of 2003 on the file of the Motor Accident Claims Tribunal praying to pass an award of Rs.2,00,000/- by way of compensation, wherein the present respondents have been shown as respondents. 3. It is stated in the petition that on 13.05.2001 at about 03.00 p.m. the petitioner and one Perumal have proceeded in front of the office of the Village Administrative Officer, Mela Ammapettai. At that time, the driver of the first respondent has driven the vehicle bearing Registration No.TN-45- X-3456 in rash and negligent manner and dashed against the petitioner. Due to accident, the petitioner has sustained multiple injuries and subsequently a police complaint has been lodged. The vehicle, which caused the accident has been insured with the second respondent and therefore the present petition has been filed for getting the compensation as mentioned therein. 4. In the counter filed on the side of the second respondent, it is averred that at the time of alleged accident, the vehicle of the first respondent has not been insured with the second respondent and further it is false to say that the accident has happened as alleged in the petition and altogether the present petition deserves to be dismissed. 5. On the basis of the available evidence on record the Motor Accidents Claims Tribunal has dismissed the petition https://hcservices.ecourts.gov.in/hcservices/ 2 mainly on the ground that on the side of the petitioner, the alleged accident has not been proved. Against the dismissal order, the present Civil Miscellaneous Appeal has been preferred at the instance of the petitioner as appellant. 6. Considering the reason given by the Motor Accidents Claims Tribunal for dismissing M.C.O.P.No.397 of 2003, this Court is of the view that notice need not be sent to second respondent. 7. The learned counsel appearing for the appellant/petitioner has contended that the accident has happened on 13.05.2001 and subsequently a police complaint has been given and the same has been marked as Ex.P.1 and the Motor Accidents Claims Tribunal without considering Ex.P.1, on the basis of Ex.R.2 has erroneously come to the conclusion that no accident has taken place and therefore the conclusion arrived at by the Motor Accidents Claims Tribunal is liable to be set aside. 8. For considering the submission made on the side of the appellant/petitioner, the Court has to look into the observation made in paragraph No.6 of the order. It is stated in paragraph No.6 of the order that the second respondent has conducted separate enquiry and filed Ex.R.2. Further it is observed that the First Information Report has been closed on the ground that it is barred by limitation under Section 468 of the Code of Criminal Procedure, 1973. 9. In fact, the petitioner has not filed any document relating to subsequent action taken by the concerned police on the basis of Ex.P.1, the complaint. Without seeing the subsequent action taken by the concerned police, the Court cannot come to a conclusion that no accident has taken place. Therefore for the purpose of giving quietus to the parties, the action taken by the concerned police on the basis of Ex.P.1 is very much essential. Under the said circumstances, the reasoning given by the Motor Accidents Claims Tribunal for dismissing the petition is not correct and the dismissal order passed by the Motor Accidents Claims Tribunal is liable to be set aside and the matter is liable to be remitted to the file of the Motor Accidents Claims Tribunal. 10. In fine, this Civil Miscellaneous Appeal is allowed without costs and the order of dismissal passed in M.C.O.P.No.397 of 2003 by the Motor Accident Claims Tribunal/Chief Judicial Magistrate's Court, Tiruchirappalli is set aside and M.C.O.P.No.397 of 2003 is remitted to the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate's Court, Tiruchirappalli. The appellant/petitioner is directed to send for the relevant documents pertaining to Ex.P.1. The Motor Accident Claims Tribunal/Chief Judicial Magistrate's Court, Tiruchirappalli, after considering the same, is directed to dispose of M.C.O.P.No.397 of 2003 on merits. Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To The Motor Accident Claims Tribunal/ Chief Judicial Magistrate's Court, Tiruchirappalli. smn rl/2c – 9.9.2011 C.M.A(MD)No.947 of 2011 10.08.2011 https://hcservices.ecourts.gov.in/hcservices/