This order condones a 36-day delay in filing an appeal regarding vehicle insurance. The court deems notice to the vehicle owner unnecessary as the insurer does not dispute liability, with the appeal limited to quantum and negligence.
Delay of 36 days condoned; appeal numbered and posted for admission; notice to 4th respondent deemed unnecessary.
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CMP.No.6027 of 2024 in CMA.Sr.No.89286 of 2023
R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
The 4th respondent is the owner of the vehicle. Since the Insurance Company is not disputing its liability and the appeal is only on the quantum and negligence, notice to the 4th respondent is deemed unnecessary.
2. Mr.V.Jayanandakumar, learned counsel is on caveat for the respondents 1 to 3.
3. Accepting the reasons assigned in the affidavit filed in support of the petition, this petition is ordered and the delay of 36 days in filing the above appeal is condoned.
4. The Registry is directed to number the appeal and post "for admission" on 25.03.2024.
(R.S.M., J.) (R.S.V., J.) 19.03.2024
dsa
1/1
2 issues framed by the court
Whether the delay of 36 days in filing the appeal should be condoned.
Whether notice to the vehicle owner is necessary when the insurer does not dispute liability.
Petitioner
Respondents 1 to 3
4th Respondent
Insurance Company
R.SUBRAMANIAN
R.SAKTHIVEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
