Acko General Insurance Company Limited v. Neelakandan (Since Deceased), 1. Gitamma

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.6617 of 2026

1. ACKO General Insurance Company Limited Lotus Corporate Park, E Wing, III Floor, Goregaon East, Mumbai - 400063.

Petitioner(s) Vs

1. Neelakandan (Since Deceased), 1.

Gitamma W/O. Subramaniyam, No.8-23, V.G.Thoppu, Mudaramdoddi, Chittor, Andhra Pradesh - 517424.

2.C.Bagyalakshmi W/o. Chakrapani, No.59, 30th Street, M.G.R. Street, Jambulingam Main Road, G.K.M. Colony, Chennai 82.

Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the Petition and Docket order dated 10.11.2025, dismissing M.P.SR.No.50019 of 2025 in M.C.O.P.No.962 of 2022, by the learned Motor Accidents Claims Tribunal, (Chief Judge, Court of Small Causes), at Chennai. For Petitioner(s):

MR.J.Michael Visuvasam For Respondent(s):

ORDER

The petitioner has filed this revision petition to set aside Docket order dated 10.11.2025, dismissing M.P.SR.No.50019 of 2025 in M.C.O.P.No.962 of 2022, by the learned Motor Accidents Claims Tribunal, (Chief Judge, Court of Small Causes), at Chennai.

2. Before the trial Court, the revision petitioner / Insurance Company filed an application to summon the Investigating Officer along with the CD file in Crime No.31 of 2022. The said petition was rejected by the learned trial Judge without numbering, holding that the petitioner can approach the police and obtain the necessary documents or secure certified copies from the concerned Court. Aggrieved by the same, the present revision has been filed.

3. The learned counsel for the revision petitioner submitted that though certain records were obtained, they do not disclose the relevant particulars required, especially with regard to the driving licence details of the parties concerned and the Motor Vehicle Inspection Report. Therefore, it is necessary to call for the CD file relating to Crime No.31 of 2022, and the Court ought to have granted an opportunity, failing which the right of the petitioner to defend the case would be affected.

4. Considering the submissions and on perusal of the records, the order passed in M.P.SR.No.50019 of 2025 in M.C.O.P.No.962 of 2022, by the learned Motor Accidents Claims Tribunal, (Chief Judge, Court of Small Causes), at Chennai, is set aside. The application is allowed, and the trial Court is directed to issue summons to the Station House Officer concerned to produce the CD file relating to Crime No.31 of 2022, on payment of batta.

5. Accordingly, this Civil Revision Petition is allowed. Consequently, connected miscellaneous petition is closed. No costs. 18-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.The Motor Accidents Claims Tribunal, (Chief Judge, Court of Small Causes), at Chennai.

2.The Section Officer, VR Section, High Court of Madras, Chennai.

T.V.THAMILSELVI J.

rri 18-03-2026