Tire United India Insurance Company Limited Vs Vennila — Madras HC (2026) — LawSathi Research

Tire United India Insurance Company Limited Vs Vennila — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 724 days in filing the civil miscellaneous appeal condoned; application allowed subject to payment of Rs.5000/- cost by the petitioner (appellant/Insurance Company) to the respondent on or before 09.02.2026; on such payment the Registry to number the civil miscellaneous appeal if otherwise in order and list it on 10.02.2026; notice to the 3rd respondent dispensed with in view of the endorsement made by the learned counsel for the appellant/Insurance Company.

Issue for consideration

Whether the delay of 724 days in preferring the civil miscellaneous appeal by the appellant/Insurance Company should be condoned.

Court's answer

Considering the reasons attributed in the support affidavit and the submission made by the learned counsel for the appellant/Insurance Company, in the interest of justice, the condone-delay application is allowed on payment of cost of Rs.5000/- by the petitioner to the respondent on or before 09.02.2026; on payment of such cost, the Registry is directed to number the civil miscellaneous Appeal, if otherwise in order, and list the same on 10.02.2026.

Detailed headnote1 paragraphs

Madras High Court (K. Govindarajan Thilakavadi, J.), order dated 30.01.2026 in CMP No. 30141 of 2025 / C.M.A.SR. No.182786 of 2025: The United India Insurance Company Limited (appellant) sought condonation of 724 days' delay in filing a civil miscellaneous appeal arising from MACT.No.58 of 2019, whose order copy was made ready only on 08.02.2023 and delivered on 09.02.2023, and was thereafter routed from the Divisional Office to the Regional Office, Pondicherry, causing the delay. Respondents Vennila and Venkatesan (through Ms.R.Poornima) resisted, pointing out that execution proceedings had been initiated and concluded with the appellant's participation, and that the appeal was filed only at the stage of the claimant's withdrawal petition. The court, considering the reasons in the support affidavit and the appellant counsel's submissions, allowed the condonation in the interest of justice on payment of Rs.5000/- cost by the petitioner to the respondent on or before 09.02.2026, directed the Registry to number the appeal if otherwise in order and list it on 10.02.2026, and dispensed with notice to the 3rd respondent in view of the appellant counsel's endorsement. The appellant contends that the Tribunal's apportionment of 80% negligence to the offending vehicle and 20% contributory negligence to the deceased was not considered while calculating the total award amount and seeks rectification by this Court.

CMP No. 30141 of 2025 C.M.A.SR.. No.182786 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2026

CORAM

THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI

CMP No. 30141 of 2025 C.M.A.SR. No.182786 of 2025

The United India Insurance Company Limited Divisional Office, R.K.S.Comi ex 1st Floor, No.171 -E, Neruji Road, Villupuram-02

...Appellant

Vs

B.Haridoss1. Vennila 2.Venkatesan

...Respondents

PRAYER

To condone the delay of 724 days in filing the above civil miscellaneous appeal.

For Appellant(s): Mr.R.Rathna Thara For Respondent(s): Ms.R.Poornima for R1 & R2 R3 Notice dispense with

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

ORDER

CMP No. 30141 of 2025 C.M.A.SR.. No.182786 of 2025

The captioned civil miscellaneous Petition is preferred by the appellant/Insurance Company to condone the delay of 724 days in preferring the present Appeal.

2.According to the appellant/Insurance Company order copy in

MACT.No.58 of 2019 was made ready only on 08.02.2023 and delivered on 09.02.2023 and after receipt of the said order copy the same was sent to the Divisional Office of the Appellant/Insurance Company. The Divisional Officer forwarded the case papers along with the opinion of the trial Court counsel to the Regional Office of the Appellant/Insurance Company, Pondicherry. Hence, the above delay occurred.

3.The learned counsel for the appellant/Insurance Company would submit

that though the Tribunal has apportioned 80% negligence on the part of the offending vehicle and 20% contributory negligence on the deceased, the same was not considered at the time of calculating the total award amount. The mistake has to be rectified by this Court. Hence, prayed for allowing this application.

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

CMP No. 30141 of 2025 C.M.A.SR.. No.182786 of 2025

4.The learned counsel for the respondent resisted the present petition by stating that the intention of the appellant/Insurance Company is only to drag on the proceeding and it is further submitted that the proceedings of the execution petition was initiated and the appellant/insurance Company also participated in the execution proceeding and an order has been passed. At the time of filing withdrawal petition by the respondent/claimant, the present civil miscellaneous appeal is preferred along with the condone delay petition. No sufficient cause is shown by the appellant/Insurance Company.

5.Heard on both sides and records perused

Considering the reasons attributed in the support affidavit and the submission made by the learned counsel for the appellant/Insurance Company, in the interest of justice, the said application is allowed on payment of cost Rs.5000/- by the petitioner to the respondent on or before 09.02.2026. On payment of such cost, the Registry is directed to number the civil miscellaneous Appeal, if it is otherwise in order, and list the same on 10.02.2026.

Ms.R.Poornima, learned counsel takes notice for the respondents 1 &2.

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

CMP No. 30141 of 2025 C.M.A.SR.. No.182786 of 2025

8.In view of the endorsement made by the learned counsel for the appellant/Insurance Company, notice to the 3^rd respondent is dispensed with.

30.01.2026

vsn

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

CMP No. 30141 of 2025 C.M.A.SR.. No.182786 of 2025

K.GOVINDARAJAN THILAKAVADI J.

vsn

CMP No. 30141 of 2025 C.M.A.SR. No.182786 of 2025

30.01.2026

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