The Court emphasized the necessity of a proactive approach by the Tribunal in disposing of claim petitions under the Motor Vehicles Act and found the dismissal of the claim petition on the ground of non-impleadment of the parents to be unjust.

The endlessly enduring victims of accident have filed this appeal against the unwarranted dismissal of their claim petition. The appellants/claimants are the wife and children (aged 27 years, 7 years, 5 years and 4 years respectively, at the time of accident in 1995 ) of the deceased-Shanmugaiah. The deceased was aged 29 years, fruit vendor, earning a sum of Rs.100/-per day. On 10.06.1995, at about 09.15 am., when the deceased was walking on the Ukkadam to Pour Bye-Pass Road, the driver who was driving the vehicle bearing registration No.TN-37-N-0096, drove it in a rash and negligent manner and hit against Shanmugaiah and another person, which rendered both dead. The legal representatives of the deceased Shanmugaiah, filed a claim petition, claiming a sum of Rs.5,00,000/- as compensation.

2. The claim was resisted by the Transport Corporation on the ground that there was no rash and negligent driving on the part of the driver and that the amount of compensation claimed is excessive. Inter alia, the age, occupation, income and loss of dependency of the deceased were all disputed.

3. The Tribunal jointly considered the claim made in respect of death of Shanmugaiah as well as death of Mukkaiah devar and dismissed the claim in respect of death of Shanmugaiah in M.C.O.P.No.677 of 1995 and allowed the petition in respect of death of Mukkaiah Devar made in M.C.O.P.No.1109 of 1996.

4. The Tribunal has considered the oral evidence of P.Ws.1 to 3 and R.W.1 and the documentary evidence i.e. Exs.P.1 to P.8. The Tribunal has given a finding that the accident arose due to the rash and negligent driving of the driver/first respondent, working under the second respondent/Transport Corporation. While, considering the claim in respect of death of Shanmugaiah, the Tribunal has given a finding that the claim petition is not maintainable as the parents of the deceased is not impleaded as parties in the claim petition.

5. Perusal of the order passed by the Tribunal reveals that the Legal Heir Certificate of the deceased-Shanmugaiah has been filed as Ex.P.5, in which the name of the parents of deceased Father-Rasudevar and Mother-Subbammal, find a place in Ex.P.5. In the evidence, P.W.1, the wife of the deceased-Shanmugaiah, has stated that the parents of the deceased are dead. However, the petitioners/claimants failed to file the death certificate of the parents of the deceased. The Tribunal has given a finding that the oral evidence of the deceased cannot be believed in the absence of documentary evidence i.e., death certificate and on that ground, citing the reason of non-joinder/non-impleadment of the parents of the deceased, the claim petition has been dismissed.

6. In the opinion of this court, those who are alive are made to wither, simply because of their inability to implead the dead and gone as parties in the claim petition. The justification for this opinion would be evident only when the purpose and object of the legislation, the nature of the proceedings before the Tribunal are appreciated.

7. No doubt, the Legal Heir Certificate reveals the existence of the parents of the deceased. Admittedly, they are not impleaded. Whether it is mandatory that all the legal heirs of the deceased should have been impleaded? In case of non-impleadment, whether it can be dismissed? Whether dismissal is justified/warranted? What is the nature of litigation before the Tribunal? What is the role and responsibility of the Litigants before the Tribunal? What is the role and responsibility of the Tribunal, while making enquiries in respect of Claim made? These are the issues to be answered before answering the issues regarding the negligence on the part of the tort-feasor and the quantum of compensation payable to the claimants.

8. The Motor Vehicles Act, as amended from time to time provides for compensation to the Dependants/injured persons in respect of death/injury resulting in an accident, thereby providing support, solace and substitution