The petitioners/claimants 1 and 2 have filed these civil revision petitions praying for issuance of an order to set aside the order dated 16.11.2009 passed in I.A.S.R.Nos.23196 of 2009 and 23197 of 2009 on the file of the Learned Principal Additional District Judge (Motor Accidents Claims Tribunal), Salem.
2.According to the learned counsel for the revision petitioners, the petitioners have filed I.A.S.R.Nos.23196 of 2009 and 23197 of 2009 before the Learned Principal Additional District Judge (Motor Accidents Claims Tribunal), Salem praying for withdrawal of a sum of Rs.3,57,956/-(1st claimant's share amount) and a sum of Rs.1,78,977/-(2nd claimant's share amount) and the tribunal has returned the two aforesaid applications in I.A.S.R.Nos.23196 of 2009 and 23197 of 2009 on 16.11.2009 inter alia raising a query as to how the said permission applications are to be taken on file and in this regard, required the petitioners to produce (decisions) by granting four weeks time. In spite of compliance with the said reports, the petitioners have approached this Court seeking appropriate relief thereto in these two revisions.
3.The learned counsel for the revision petitioner brings it to the notice of this Court that earlier the first claimant Nallammal and the second claimant Ramachandran have filed permission applications under Rule 20(ii) of Tamil Nadu Motor Accidents Claims Rules(TNMACT) 1989 and both the applications have been dismissed by the tribunal on 2.08.2009 assigning reason that there has been no representation on the side of the petitioners and in Law there is no embargo for the petitioner to project another application seeking the very same relief, inasmuch as there is no applicability of the principles of resjudicata and therefore prays for allowing the civil revision petition in the interest of justice.
4.Without going into the merits of the case, since an award has been passed in M.C.O.P.No.340 of 2007 for a sum of Rs.5,50,100/- together with interest and costs on 25.11.2008 and since the petitioners have settled with the Insurance Company restricting their award amount to Rs.5,36,933/-, there is no impediment in law and as a matter of fact, this Court is of the considered view that the learned Principal Additional District Judge, (Motor Accidents Claims Tribunal) is to take up the two applications on his file, and assign proper number thereto, in the interest of justice, Fair play and as an Equitable relief. Accordingly, the tribunal i.e. the Learned Principal Additional District Judge, (Motor Accidents Claims Tribunal) is directed to number the unnumbered Interlocutory Applications within a period of three days from the date of receipt of copy of this order and to dispose of the said applications within a period of one week thereafter in the manner known to law and to report compliance to this Court without fail.
5.The Registry is directed to return the original I.A.S.R.Nos.23196 and 23197 of 2009 to the learned counsel for the revision petitioners by obtaining due acknowledgment, subject to the condition that the petitioners shall substitute the xerox copies of the original petitions and after receiving the same, the Registry is directed to keep them for its record purpose.
6.With these directions, these civil revision petitions are disposed of. No costs.
cla To the Principal District Judge (Motor Accidents Claims Tribunal) Salem