1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2011 C O R A M THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL MISCELLANEOUS APPEAL No.508 of 2011 1.Nirmala 2.Pandeeswari alias S.A.Buela 3.Minor A.Pavithra 4.Minor A.Prathiba (Minors 3 and 4 appellants are represented by their mother and natural guardian viz., first appellant) .. Appellants Vs. 1.G.Kannan 2.Reliance General Insurance, 1st Floor, Sri Meenakshi Plaza, No.55, 80 Feet Road, Anna Nagar, Madurai. .. Respondents Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 18.09.2010 passed in M.C.O.P.No.77 of 2008 by the Motor Accidents Claims Tribunal/Sub Court, Virudhunagar. For Appellants .. Mr.A.Sivaji For Respondents .. Mr.I.Suthakaran No.1 For Respondent .. Mr.S.Srinivasa Raghavan No.2 JUDGMENT The award dated 18.09.2010 passed in M.C.O.P.No.77 of 2008 by the Motor Accidents Claims Tribunal/Sub Court, Virudhunagar is being challenged in the present Civil Miscellaneous Appeal. 2. The appellants herein as petitioners have filed https://hcservices.ecourts.gov.in/hcservices/ 2 M.C.O.P.No.77 of 2008 on the file of the Motor Accident Claims Tribunal praying to pass an award as mentioned in the petition, wherein the present respondents have been shown as respondents. 3. The Motor Accidents Claims Tribunal on the basis of the available evidence on record has passed the award in question against the first respondent, owner of the vehicle, which is said to have involved in the accident. Against the liability fixed upon the first respondent, the petitioners as appellants have filed the present Civil Miscellaneous Appeal. 4. The learned counsel appearing for the first respondent has contended that in M.C.O.P.No.77 of 2008, the first respondent has remained ex-parte and in order to set aside the ex-parte award passed against first respondent, a petition has been filed on the file of the Motor Accidents Claims Tribunal and the same is pending and therefore the present M.C.O.P.No.77 of 2008 is liable to be remitted. 5. The learned counsel appearing for the appellants/petitioners has also contended that since the petition filed by the first respondent is pending on the file of the Motor Accidents Claims Tribunal, the award in question is liable to be set aside and the matter is liable to be remitted. 6. Considering the fact that the first respondent has remained ex-parte in M.C.O.P.No.77 of 2008 and in order to set aside the ex-parte award, a petition has been filed and the same is pending and since the award in question has been passed against the first respondent, this Court is of the view to set aside the award passed in M.C.O.P.No.77 of 2008 and remit M.C.O.P.No.77 of 2008 to the file of the Motor Accidents Claims Tribunal. 7. In fine, this Civil Miscellaneous Appeal is allowed without costs and the award passed in M.C.O.P.No.77 of 2008 by the Motor Accident Claims Tribunal/Sub Court, Virudhunagar is set aside and M.C.O.P.No.77 of 2008 is remitted to the file of the Motor Accident Claims Tribunal/Sub Court, Virudhunagar. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To The Motor Accident Claims Tribunal/ Subordinate Judge, Virudhunagar. +1cc to Mr.A.Sivaji, Advocate Sr.No.26557 +1cc to Mr.S.Srinivasa Raghavan, Advocate Sr.No.26243 smn ssk/30.08.2011 /4c-2p/- C.M.A(MD)No.508 of 2011 05.08.2011 https://hcservices.ecourts.gov.in/hcservices/