Dismissed¶20

Iffco Tokio General Insurance Company Ltd. v. Rajeshwari

Madras HC2 Jan 2025CMP/4084/2023

Case brief

AI extract

What is this about?

Madras High Court, common order 02-01-2025, CMP Nos. 4084, 4085 & 4088 of 2023 in CMA.No.3536 of 2021; petitioner Iffco Tokio General Insurance Company Ltd; respondents Rajeshwari and 10 Others; abatement on death of 3rd claimant/respondent Samadhanam (mother of deceased Ganapathy) on 31.07.2020; condonation of 208 days' delay refused; legal heirs of deceased 3rd respondent held not necessary parties as respondents 1 to 3 were the only dependents; legal representatives not brought on record; all three petitions dismissed; background: road accident death 15.04.2016, Motor Accident Claims Tribunal award 07.07.2020; bench J. Nisha Banu and R. Sakthivel.

What did the court decide?

The Court was not inclined to condone the delay of 208 days in filing the petition to set aside the abatement. ¶20

Iffco Tokio General Insurance Company Ltd. Vs Rajeshwari — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the delay of 208 days in filing the petition to set aside the abatement as against the deceased 3rd respondent Samadhanam should be condoned (CMP.No.4084 of 2023). +2 more

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Court's answer

The Court was not inclined to condone the delay of 208 days in filing the petition to set aside the abatement.

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Ratio / Principle

Since the respondents 1 to 3 were the only dependents of the deceased Ganapathy, the legal heirs of the 3rd respondent are not necessary parties in the appeal; accordingly the legal representatives of the deceased 3rd respondent need not be brought on record.

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Key takeaways

All three petitions - the condonation petition (CMP.No.4084 of 2023), the petition to set aside the abatement (CMP.No.4085 of 2023) and the petition to bring the legal representatives on record (CMP.No.4088 of 2023) - were dismissed.ratio¶20

Detailed headnote1 paragraphs

High Court of Judicature at Madras (J. Nisha Banu & R. Sakthivel JJ.), Common Order dated 02-01-2025 in CMP Nos. 4084, 4085 & 4088 of 2023 in CMA.No.3536 of 2021 (Iffco Tokio General Insurance Company Ltd v. Rajeshwari and 10 Others). Ganapathy died in a road accident on 15.04.2016; his wife, minor daughter and mother (3rd respondent Samadhanam), as dependents, obtained a Motor Accident Claims Tribunal award dated 07.07.2020, which the insurer challenged in CMA.No.3536 of 2021. Samadhanam died on 31.07.2020 after the award, abating the appeal against her. The insurer then sought (i) condonation of a 208-day delay in filing a petition to set aside the abatement, (ii) setting aside of the abatement, and (iii) bringing her legal representatives on record. Holding that respondents 1 to 3 were the only dependents of the deceased and that the legal heirs of the 3rd respondent were therefore not necessary parties in the appeal, and declining to condone the delay, the Court dismissed all three petitions. No statute or precedent was cited; the memo reporting the death was recorded.

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CMP Nos. 4084, 4085 & 4088 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-01-2025

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CORAM

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THE HONOURABLE MRS JUSTICE J. NISHA BANU AND

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THE HONOURABLE MR.JUSTICE R.SAKTHIVEL CMP No. 4084, 4085 & 4088 of 2023

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CMA.No.3536 of 2021

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Iffco Tokio General Insurance Company Ltd No.28, 2nd Floor, North Usman Road, T. Nagar, Chennai-17 ..Petitioner Vs

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RAJESHWARI No.4/137, North Colony, Veeriruppu, Sankarankoil Taluk, Tirunelveli District-627755 and 10 Others ..Respondents

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For Appellant(s): Mr.Somasundaar N. For Respondent(s): Batta Filed, Condone Delay Petition Only Filed. 8 Copies Of Bring On Record & Set Aside Petition Due Reg Rr4 To 11

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-------------Private Notice R-4 Muniammal No.491, South Colony, Veeriruppu, Sankarankoil Taluk, Tirunelveli District-627755 R-6 Govindaraj No.491, South Colony, Veeriruppu, Sankarankoil Taluk, Tirunelveli District-627755 R-8 Thangamuniyandi No.491, South Colony, Veeriruppu, Sankarankoil Taluk, Tirunelveli District-627755 R-10 Arjun No.491, South Colony, Veeriruppu, Sankarankoil Taluk, Tirunelveli District-627755 R-11 Arun No.491, South Colony, Veeriruppu, Sankarankoil Taluk, Tirunelveli District-627755 R-7 Died R5 & 9 - Aos Not Filed

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https://www.mhc.tn.gov.in/judis

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COMMON ORDER

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(The order of the Court was made by J.Nisha Banu,J) CMP.No.4084 of 2023 has been filed to condone the delay of 208

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days in filing the petition to set aside the abatement as against the deceased 3rd respondent Samadhanam. CMP.No.4085 of 2023 has been filed to set aside the abatement as against the deceased 3rd respondent Samadhanam and CMP.No.4088 of 2023 has been filed to bring on record the legal representatives of the deceased 3rd respondent Samadhanam in the above appeal,CMA.3536 of 2022.

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The 3rd respondent, Samadhanam is the mother of the deceased Ganapathy. The deceased Ganapathy died in a road accident on 15.04.2016. Since the wife and minor daughter of the deceased and the 3rd respondent Samadhanam, are the dependents of the deceased Ganapathy, they filed the claim petition before the Motor Accident Claims Tribunal seeking compensation and the Tribunal has also passed an award on 07.07.2020. The above CMA has been filed challenging the award passed by the Tribunal. After passing of the award by the Tribunal, the 3rd respondent died. A memo has been filed by the counsel for the respondents 1 and 2 herein/ claimants 1 and 2 stating that the 3rd respondent/3rd claimant, died on 31.07.2020. The said memo is recorded.

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https://www.mhc.tn.gov.in/judis

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Since the respondents 1 to 3 are the only dependents of the

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deceased Ganapathy, the legal heirs of the 3rd respondent are not necessary parties in the appeal and we are also not inclined to condone the delay of 208 days in filing the petition to set aside the abatement. Therefore, all the three petitions are dismissed.

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(J.N.B.,J.) (R.S.V.,J.) 02-01-2025

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https://www.mhc.tn.gov.in/judis

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J.NISHA BANU, J. and R.SAKTHIVEL,J.

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