Icici Lombard Insurance Company Limited v. H.Megala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 4786 of 2025 and CMP No.24200 of 2025

1. ICICI Lombard Insurance Company Limited TP Investigation, No.84/85, Walltax Road, First Floor, Arihant Plaza, Chennai - 03.

Petitioner(s) Vs

1. H.Megala No.54, Venugopal Swamy Koil Street, Kammavarpalayam, Perumbedu, Thiruvallur District, Tamil Nadu - 601 204.

2.H. Preethi (Minor) Rep by mother and next friend, H.

Megala, No.54, Venugopal Swamy Koil Street, Kammavarpalayam, Perumbedu, Thiruvallur District, Tamil Nadu - 601 204.

3.H. Janani (Minor) Rep by mother and next friend, H.

Megala, No.54, Venugopal Swamy Koil Street, Kammavarpalayam, Perumbedu, Thiruvallur District, Tamil Nadu - 601 204.

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4.Kanagammal No.54, Venugopal Swamy Koil Street, Kammavarpalayam, Perumbedu, Thiruvallur District, Tamil Nadu - 601 204.

5.S. Srinivasan No.54, Venugopal Swamy Koil Street, Kammavarpalayam, Perumbedu, Thiruvallur District, Tamil Nadu - 601 204.

6.P. R. Mani No.45/373, Mettu Street, (Perumbedu Post), Ponneri Taluk, Chennai, Tamil Nadu 601 204.

Respondent(s) Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 23.01.2025 passed in MP No.01 of 2024 in MCOP No.1457 of 2024 passed by MACT (Spl.Sub Court No.1, Small Causes Court, Chennai).

For Petitioner(s):

MR.R.V.Sivaraj For Respondent(s): Mr.F.Terry Chella Raja For Mrs.M.Malar For RR1 To Mr.Ralph V. Manohar For R6

ORDER

Challenging the impugned order passed by the Motor Accidents Claims Tribunal (Special Sub Court No.1, Small Causes Court_, Chennai in 2/6

MP No.1 of 2024 in MCOP No.1457 of 2024, the second respondent Insurance Company in MCOP No.1457 of 2024 has preferred the above revision.

2. Before the trial court, the second respondent Insurance Company filed a petition under Section 166 (3) of the Motor Vehicle (Amendment) Act, 2019 read with Order VII Rule 11(d) and Section 151 of Civil Procedure Code to reject the claim petition in MCOP No.1457 of 2024 as the claim petition filed by the claimant is not maintainable as it is a time barred one stating that it was not filed within six months from the date of the accident.

3. On hearing both sides, the trial Judge has dismissed the petition holding that there is no delay occurred in filing the First Information Report and also there is no delay in filing MCOP No.1457 of 2024 and therefore, the petition filed to reject the claim petition is not maintainable and dismissed the petition by relying upon the decision of this Court in Malarvan vs Praven Travels Private Limited and Others dated 2023(2) TNMAC 416 (CRP No.2558/2023). Aggrieved over the same, the present revision is filed.

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4. Learned counsel for the revision petitioner/insurance company submits that as per the New Amended Act, the application filed by the claimant is time barred one and the trial Court failed to take note of the same and erroneously held that the First Information Report was not filed with delay, but however, there is a delay in filing FIR, but it was not properly appreciated by the trial Court.

5. Learned counsel for the claimants submits that the policy was availed by the insurer before the New Act and as per the old Act the claim petition was filed in time and therefore, the reasons assigned by the trial judge is maintainable.

6. I have considered the submissions made by the learned counsel on either side and perused the materials available on record.

7. According to the revision petitioner, as per the New Act, the application is time barred , but the claimants state that the application was filed within time. Both the defences have to be proved after full fledged trial and not by mere allegations. Therefore, the reasons assigned by the trial 4/6

Judge do not require any interference.

8. Accordingly, the civil revision petition is dismissed granting liberty to raise all the defence before the trial Court.

9. Since the accident had occurred on 13.09.2022, the trial Court is directed to dispose of MCOP No.1457 of 2024 on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order after affording opportunity to both the parties. No costs. Consequently, connected miscellaneous petition is closed. 23.03.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-Speaking Order To The Motor Accidents Claims Tribunal (Special Sub Court No.1), Small Causes Court, Chennai 5/6

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T.V.THAMILSELVI.,J sr CRP No. 4786 of 2025 23.03.2026 6/6