Madras High Court

CRP/2332/2025 of R. MOULIDHARAN Vs MADHURAJ on 8 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-10-2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH

Civil Revision Petition No.2332 of 2025

CNR: {HCMA011010212025}

R.Moulidharan

S/o.Ravi

..Petitioner

s

1. Madhuraj

S/o.Manickam

2. The Block Development Officer,

Karimangalam Post and Taluk,

Dharmapuri - 636 705.

3. The District Collector,

Nethaji -Byepass Road,

Collectorate Post, Dharmapuri - 636 705.

4. The Escorts Kubota Limited,

Plot No.3, Sector 13, Faridabad - 121 007.

5. The Special Sub Inspector of Police,

Karimangalam P.S., Dharmapuri - 635 111.

6. The Inspector of Police,

Karimangalam P.S., Dharmapuri - 635 111.

7. The Superintendent of Police,

District Police Office, Nethaji Bye-Pass Road, Dharmapuri - 636 705.

8. The Regional Transport Officer,

Nethaji Bye-Pass Road, Dharmapuri - 636 705.

..Respondents

Civil Revision Petition filed under Article 227 of the Constitution of India seeking a direction to the learned Special District Judge (MACT) at Dharmapuri to number the Motor Claim Original Petition filed in unnumbered MCOP.SR.No.218 of 2025.

For Petitioner :

Mr.R.Jayaprakash

For Respondents :

Mrs.S.Yogalakshmi

Additional Government Pleader

[R2, R3, R5 to R8]

*****

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ORDER

This civil revision petition has been filed under Article 227 of the Constitution of India seeking a direction to the learned Special District Judge (MACT) at Dharmapuri, to number the MCOP and to proceed further in accordance with law.

2. Heard learned counsel on either side and carefully perused the materials available on record.

3. The MCOP has been filed by the petitioner before the Court below seeking for payment of compensation for an accident that took place on 06.02.2024 in which the petitioner sustained grievous injuries. While filing the MCOP, the petitioner had impleaded respondents 5 to 8 as parties. The Court below has returned the papers with an endorsement that respondents 5 to 8 are neither necessary nor proper parties to the proceedings. Aggrieved by the same, the present revision has been filed before this Court.

4. In the considered view of this Court, the police officials have been impleaded as parties mainly on the ground that the investigation was not properly conducted and the final report was filed after eight months of the accident and the petitioner came to know about this final report only in the year 2025 and the petitioner found that wrong facts have been noted.

5. In the considered view of this Court, in a petition filed under Section 166 of the Motor Vehicles Act, the jurisdiction of the Motor Accident Tribunal is only to ascertain as to whether the accident has been caused by negligence and if so, the compensation that has to be paid for the injury sustained by the claimant. If the investigation conducted by the police or the report submitted by the RTO has any bearing to the proceedings, at the best, they can only be called as a witness in the case. There is a huge difference between a necessary party and a necessary witness to the proceedings. A necessary witness can neither be a proper nor a necessary party.

6. In view of the above, the petitioner shall delete the names of respondents 5 to 8 and the represent the MCOP before the Tribunal within a period of two (2) weeks from the date of receipt of a copy of this order and on

N.ANAND VENKATESH, J. gm receipt of the same, the Tribunal shall proceed further in accordance with law. It is made clear that if ultimately, the petitioner wants to call the police officials or the RTO as a witness, the same can be done with proper justification. This civil revision petition is disposed of in the above terms. No costs. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm To The Special District Judge (MACT), Dharmapuri. Civil Revision Petition No.2332 of 2025

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