CRP/5297/2026 of SBI General Insurance Company Ltd Vs S.Lakshana on 9 October 2026

COMMON ORDER

These civil revision petitions have been filed under Article 227 of the Constitution of India against the order dated 01.07.2026 passed in I.A.No.3 of 2026 in M.C.O.P.No.132 of 2025, I.A.No.4 of 2026 in M.C.O.P.No.129 of 2025 and I.A.No.5 of 2026 in M.C.O.P.No.104 of 2025 on the file of MACT, Special Subordinate Court II, Tiruvallur, wherein the applications filed by the petitioner/second respondent to implead the proposed respondents as respondents 3 and 4, came to be rejected by the Court below.

2. The first respondent, in all these civil revision petitions, is the claimant, who filed the petitions seeking for compensation for an accident that took place on 06.01.2025 on the ground that the tractor belonging to the first respondent in the claim petition was driven in a rash and negligent manner and it was loaded

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with sugarcane and it dashed on the car, as a result of which the driver succumbed to the injuries and his wife and two children sustained grievous injuries. During the pendency of the claim petitions, the petitioner/second respondent filed interlocutory applications for impleading the proposed respondents as respondents 3 and 4 in the claim petitions on the ground that the tractor was attached to a trailer, which forms part of the same vehicle and the trailer is owned by the third respondent and it is insured in the fourth respondent insurance company and that these respondents are necessary parties to the proceedings.

3. The Court below dismissed the applications on the ground that the tractor alone was involved in the accident as per the case of the claimants and even if the trailer is attached to the tractor, since the trailer is not involved in the accident, there is no need to implead the owner of the trailer and the insurance company. Aggrieved by the said order, the present civil revision petitions have been filed.

4. In the considered view of this Court, the evidence is yet to commence and the nature of accident and which vehicle was actually responsible for the accident - trailer or tractor, is a subject matter of appreciation of evidence. Ultimately, on appreciation of evidence, the Tribunal has to find out as to which vehicle was actually responsible for the accident and accordingly, award

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compensation. Hence, it will also enure in favour of the claimants since if ultimately the trailer is found to be involved in the accident, at least the claimants can make their claim from the owner of the trailer and the insurer.

5. In view of the above discussion, the order passed by the Court below by fixing negligence only on the tractor even before the evidence is let in, is found to be perverse warranting interference of this Court in exercise of its jurisdiction under Article 227 of the Constitution of India. In view of the same, the order dated 01.07.2026 passed in I.A.No.3 of 2026 in M.C.O.P.No.132 of 2025, I.A.No.4 of 2026 in M.C.O.P.No.129 of 2025 and I.A.No.5 of 2026 in M.C.O.P.No.104 of 2025 on the file of MACT, Special Subordinate Court II, Tiruvallur, is hereby set aside and all these civil revision petitions are allowed. There shall be a direction to the Motor Accident Claims Tribunal, Special Sub Court II, Tiruvallur, to dispose of M.C.O.P.Nos.104, 129 and 132 of 2025 within a period of one (1) year from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm

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To The Motor Accident Claims Tribunal, Special Subordinate Court II, Tiruvallur.

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N.ANAND VENKATESH, J. gm Civil Revision Petition Nos.5297, 5298 & 5299 of 2026 09-10-2026

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