A.Jagadeeswari v. P.Mahendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI CRP.No.2651 of 2025 A.Jegadeeswari ... Petitioner Vs.

1.P.Mahendran 2.M/s.ICICI Lombard General Insurance Company Limited, having its office at 2nd and 3rd floor, Chottabhai Centre, Nungambakkam High Road, Chennai - 600 034.

3.M/s.Shriram General Insurance Company Limited, Represented by its Branch Manager, Having its office at Door No.1076, II Floor, Nagappa Complex, Mettupalayam Road, North Coimbatore, Coimbatore - 641 002.

... Respondents PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to direct the Special Court for MCOP cases, Coimbatore, to dispose M.C.O.P.No.705 of 2019 within a reasonable time frame to be fixed by this Court.

1/5

For Petitioner : Mr.R.Sanjay

ORDER

Heard the learned Counsel for the petitioner.

2. The petitioner seeks expeditious disposal of the Motor Accident Claim Compensation pending in M.C.O.P.No.705 of 2019 on the file of the Motor Accidents Claims Tribunal (MACT), Coimbatore. The Original Petition was filed by the petitioner in the year 2019, seeking compensation for the injuries sustained in a motor accident.

3. Considering the limited relief sought for in this Revision Petition, notice to the respondents are dispensed with.

4. The learned counsel for the petitioner submits that the M.C.O.P., is presently at the stage of cross-examination of R.W.1.

5. In light of the above, the Tribunal is directed to dispose of M.C.O.P.No.705 of 2019 pending on its file, on or before 26.09.2025. 2/5

6. The learned counsel for the petitioner has also brought to the notice of this Court that on 05.06.2025, the bailable warrant issued against R.W.1 was recalled. However, the Court has recorded that the petitioner is evading payment of witness batta for R.W.1 for the purpose of cross-examination.

7. In this regard, it is clarified that, in terms of Rule 49 of the Civil Rules of Practice, only the party seeking to summon a witness is required to bear the expenses related to the summoning of that witness. In the present case, R.W.1 is a witness for the Insurance Company, and not summoned by the petitioner. Therefore, the Tribunal shall not insist on the petitioner to meet out the expenses for summoning R.W.1.

8. With the above direction, the Civil Revision Petition is disposed of. There shall be no order as to costs.

02.07.2025 Speaking/Non-speaking : Yes/No Index : Yes / No jas 3/5

To The Special Court for MCOP Cases, Coimbatore. 4/5

P.B. BALAJI,J.

jas CRP.No.2651 of 2025 02.07.2025 5/5