Isabella Rosemary v. Valli

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2024

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI 1.Isabella Rosemary 2.Minor.Iruthaiya Ashrita 3.Minor.Evilin 4.Annamary ... Petitioners (Petitioners 2 and 3 represented by their mother and Natural Guardian the first petitioner herein) Vs.

1.Valli 2.The Branch Manager, Royal Sundaram General Insurance Company Limited, A.T.P.Towers, 12A, 5th Floor, By-pass Road, Madurai.

3.Ganesan 1/5

4.The Branch Manager, Iffco Tokio General Insurance Company Limited, 2nd Floor, 82, Preetham Plaza, Chandra Gandhi Nagar, Pomeni By-pass Road, Madurai.

... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Subordinate Judge, Devakottai to dispose of the suit in M.C.O.P.No.11 of 2019 in a speedy manner within the time stipulated by this Court.

For Petitioners : Mr.R.Balakrishnan

ORDER

This Civil Revision Petition has been filed seeking a direction to dispose the suit in M.C.O.P.No.11 of 2019 pending on the file of the learned Subordinate Judge, Devakottai within a time stipulated by this Court.

2. According to the revision petitioners, the first petitioner is the wife of deceased Arockiasamy. The second and third petitioners are children of the first petitioner and the fourth petitioner is mother-in-law 2/5

of the first petitioner. On 28.01.2018 at about 11.00 AM, the first petitioner's husband was riding the motor cycle bearing Registration No.TN 65 Q 3524 and at that time, the offending car bearing Registration No.TN 66 U 5422 came from the opposite side in a rash and negligent manner and dashed on the first petitioner's husband's motor cycle. In view of the said accident, the said Arockiasamy sustained grievous injury and died on the spot. In the meantime, an application was filed as early as in the year 2018 and the same was numbered as M.C.O.P.No.11 of 2019 and the said claim petition is stalled for the past five years and after losing her husband, the first petitioner finding it very difficult to run her family and also struggling to educate her children. Hence, the present Civil Revision Petition is filed.

3. Heard the learned counsel appearing for petitioner. Since the revision is filed for seeking early disposal, no notice is necessary to the respondent.

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4. Having been taken into consideration of the material facts and circumstances, this Court is of the view that in the interest of justice, a direction may be issued to the learned Subordinate Judge, Devakottai, to dispose of the suit as expeditiously as possible.

5. Accordingly, this Civil Revision Petition stands disposed of with a direction to the learned Subordinate Judge, Devakottai to dispose of the suit in M.C.O.P.No.11 of 2019 pending on his file, within a period of three (3) months from the date of receipt of a copy of this order on merits and in accordance with law. There shall be no order as to costs. 18.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR To The Subordinate Judge, Devakottai.

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K.GOVINDARAJAN THILAKAVADI , J.

BTR Order made in 18.12.2024 5/5