Judgment · High Court

Learned counsel for the respondent also drew the attention of this Court to the impugned Award and would submit that only due to the reason that the appellant/claimant did not produce the originals, the claim came to be dismissed. 2/6 https://www.mhc.tn.gov.in/judis C.M.A.No.2829 of 20214. When, the learned counsel for the appellant on instructions would submit that the appellant/claimant is willing to produce all the original documents, no prejudice would be caused to the respondent, if the matter is remanded back to the Tribunal for fresh consideration to enable the appellant to produce the originals. The legislation being a welfare legislation, the interest of the accident victims should be protected. 5. Therefore, after recording the submissions made by the learned counsel for the appellant on instructions that the appellant shall produce the originals of all the documents which the appellant/claimant is going to rely upon for the purpose of claiming compensation, the impugned award dated 21.08.2019 passed in M.C.O.P No.2937 of 2015 on the file of the Motor Accident Claims Tribunal/Principal Special Judge, Chennai, is hereby set aside and the matter is remanded back to the very same Tribunal for fresh consideration on merits and in accordance with law, by permitting the appellant to produce the originals of all the documents. The Tribunal, on remand shall dispose the MCOP preferably within a period of six months 3/6 https://www.mhc.tn.gov.in/judis C.M.A.No.2829 of 2021from the date of receipt of a copy of this order. 6. Accordingly, this Civil Miscellaneous Appeal is allowed. No costs. 04.04.2024Index: Yes/NoInternet: Yes/NoSpeaking/Non-speaking orderuma To1.The Motor Accident Claims Tribunal/ Principal Special Judge, Chennai. 2. The Section Officer V.R.Section, High Court of Madras. 4/6 https://www.mhc.tn.gov.in/judis C.M.A.No.2829 of 2021 ABDUL QUDDHOSE, J.uma C.M.A.No.2829 of 2021 5/6 https://www.mhc.tn.gov.in/judis C.M.A.No.2829 of 202104.04.20246/6