These two revision petitions have been filed by the revision petitioner/claimant as against the order dated 28.02.2009 in I.A.Nos.258 and 259 of 2009 in M.C.O.P.No.6 of 2009 passed by the learned Principal Subordinate Judge, Erode in dismissing the applications filed by the petitioner under Rule 20(2) of the Tamil Nadu Motor Accidents Claims Tribunal Rules, 1989. The Principal Subordinate Judge, Erode viz., the claims tribunal while dismissing the I.A.Nos.258 and 259 of 2009 has inter alia observed that the revision petitioners have prayed for disbursement of the award amount to them and that they have not produced (1)sufficient document to show that they have spent medical expenses to their father (who has been in Coma stage) (2)and the name of the person from whom they have received money in regard to expenditure towards medical treatment of their father and even though, the petitioner in C.R.P.No.3448 of 2009 has stated that she has halfway stopped her studies, she has not given the details and resultantly dismissed the applications by observing that the petitioners have not followed the orders of Court.
2.The learned counsel for the revision petitioners submits that the need of the revision petitioners urgently to get their amount of share out of the total amount for studying etc., and also in regard to the debt incurred by others and their father in the accident etc., have not been properly appreciated by the claims tribunal and in fact the tribunal has not adopted a liberal view while dealing with the applications filed under Rule 20(2) of the Tamil Nadu Motor Accidents Claims Tribunal Rules, 1989, and when the petitioners are entitled to get their due share of the amount there can be no impediment in law for this Court to allow these Civil Revision Petitions.
3.It is to be noted that even though the claims Tribunal has dismissed these I.A.Nos.258 and 259 of 2009 assigning some reasons thereto as per the Tamil Nadu Motor Accidents Claims Tribunal Rules 1989, there is no embargo for the petitioners to project fresh applications before the claims Tribunal to their award amount and in this regard the principle of res judicata will not apply and in that view of the matter, taking note of the facts and circumstances of the case of the plight of the petitioners, this Court on the basis of the Equity, Fair play and Good Conscience and even as a matter of prudence directs the revision petitioners herein to project the appropriate applications within a period of one week from the date of receipt of a copy of this order and immediately on such applications being filed the claims Tribunal shall take the same and assign number and also to give an opportunity for hearing to other side and also to dispose of the said applications in any event within ten days from the date of filing of the applications and to submit compliance report to this Court without fail and with these directions the Civil Revision Petitions are disposed of without costs. Consequently, connected miscellaneous petitions are closed.
4.It is made clear that the Tribunal shall consider the plight of the petitioners dispassionately while dealing with two applications filed by them uninfluenced by any of the observations made by this Court in these revision petitions.
5.The Registry is directed to send the records in M.C.O.P.No.6 of 2005 to the lower Court immediately.
To
1.The Motor Accidents Claims Tribunal, (Principal Subordinate Judge), Erode.
2.The Deputy Registrar (Judicial), High Court, Madras (To watch Report) cla