The New India Assurance Co. Ltd. v. Priyadharshini

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-11-2025

CORAM

THE HONOURABLE DR JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR IN CMA NO. 2781 OF 2021 The New India Assurance Co. Ltd.

Divisional office,(310400), Pattucos Road, DOE-9, Connaught House, 2nd Floor, Connaught, Cireus , New Delhi110 001 Appellant(s) Vs PRIYADHARSHINI W/O. Late Murugan, Chinnavadagampatti Village, Periya Vadagampatti Post, Kadayampatti Taluk, Salem District. Now At, V.Muthampatti Vilalge and Post, Dharmapuri Taluk and District. AND 4 OTHERS Respondent(s) For Petitioner Mr.S.Dhakshinamoorthy For Respondent:

No appearance

ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) Heard learned counsel appearing for the petitioner/appellant and there is no representation for the respondents.

2. No counter has been filed in the application to receive additional document. The document sought to be adduced as additional evidence is the final report of the police who has investigated the accident. Being a public document and relevant for the Court to decide about the liability of the Insurance Company, this application is allowed and the final report is taken as additional document, to be marked as Ex.X2.

3. List the appeal on 12.11.2025.

(Dr.G.JAYACHANDRAN J.)(MUMMINENI SUDHEER KUMAR J.) 05-11-2025 sl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.PRIYADHARSHINI W/O. Late Murugan, Chinnavadagampatti Village, Periya Vadagampatti Post, Kadayampatti Taluk, Salem District. Now At, V.Muthampatti Vilalge and Post, Dharmapuri Taluk and District.

2.Minor Siddharth W/O. Late Murugan, Chinnavadagampatti Village, Periya Vadagampatti Post, Kadayampatti Taluk, Salem District. Now At, V.Muthampatti Vilalge and Post, Dharmapuri Taluk and District.Minor 2nd Respondent herein is res by his next friend /mother Priyadharshini, the 1st Respondent herein).

3.Mariyammal W/O.Dhanapal, Chinnavadagampatti Village, Periya Vadagampatti Post, Kadayampatti Taluk, Salem District.

Now At, V.Muthampatti Vilalge and Post, Dharmapuri Taluk and District.

4.Dhanapal S/O. Kandasamy Gounder, Chinnavadagampatti Village, Periya Vadagampatti Post, Kadayampatti Taluk, Salem District. Now At, V.Muthampatti Vilalge and Post, Dharmapuri Taluk and District.

5.Ajitsingh and sons HuF Karta Ajit Singh, HGNO-1140, SEC 23A, Faridabad, Haryana- 121 005

G.JAYACHANDRAN J.

AND MUMMINENI SUDHEER KUMAR J.

sl IN CMA NO. 2781 OF 05-11-2025