The New India Assurance Company ... vs J.Jayanthi
2022 Latest Caselaw 14758 Mad

                                                                      Review Application No.210 of 2021

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 24.08.2022

                                                             CORAM:

                                     THE HONOURABLE MR.JUSTICE PARESH UPADHYAY
                                                        and
                                    THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                              Review Application No.210 of 2021
                                                  & C.M.P.No.21453 of 2021
                                                    in C.M.A.No.5 of 2020


                     The New India Assurance Company Limited,
                     Branch Office No.4, Muthulingam Street,
                     West Tambaram, Chennai-145.                                         ..Petitioner

                                                               Vs

                     1.J.Jayanthi

                     2.A.Jayavelu

                     3.Sathya Raj                                                      ..Respondents



                                  Petition filed under Order XVII Rule I read with 114 of Code of
                     Civil Procedure to review the judgment and decree dated 07.01.2020
                     in C.M.A.No.5 of 2020 passed by this Court, hear the petitioner and
                     order exonerating the liability against the petitioner.


                                  For Petitioner         :     Mr.T.Gopinath




                     1/5


https://www.mhc.tn.gov.in/judis
                                                                     Review Application No.210 of 2021



                                                           ORDER

(Made by Paresh Upadhyay.,J)

1. This review petition is filed by the Insurance Company for an

error perceived by them in the order of this Court dated 07.01.2020

recorded on C.M.A.No.5 of 2020.

2. The very opening part of the order sought to be reviewed

reads thus:

“This appeal is preferred by the appellant

insurance company, challenging the quantum

alone.”

3. The appellant - Insurance Company, as such succeeded

before this Court but had approached the Supreme Court. The

Supreme Court had passed the following order dated 28.07.2021

(S.L.P.(C) No.10866 of 2021).

“The sole argument by the appellant is that

the driver of the offending vehicle was not having

a valid driving license therefore Insurance

Company should have been given right to recover

from the owner. We find that no such argument was

https://www.mhc.tn.gov.in/judis Review Application No.210 of 2021

raised before the High Court. In view of the said

fact, learned counsel for the petitioner wishes to

withdraw the special leave petition so as to seek

remedy of review from the High Court in accordance

with law.

The special leave petition stands dismissed

as withdrawn, accordingly.”

4. In continuation of the above order, this review petition has

been filed.

5. Having heard the learned Advocate for the petitioner –

Insurance Company and having considered the averments in the

review petition, we do not find any error which can be gone into by

this Court in review petition. The appeal was considered by this

Court, to the extent pressed into service by the Insurance Company,

at the relevant time. This review petition therefore needs to be and is

dismissed.

6. It is noted that, it had come to the notice of this Court that,

https://www.mhc.tn.gov.in/judis Review Application No.210 of 2021

even if the Insurance Company was right, the claim amount was not

paid by it. For that reason, order was passed on 16.08.2022 and it is

informed to the Court that, the amount of compensation is now

deposited with the concerned Court and an endorsement to that effect

is also received by the appellant – Insurance Company. We take note

of that fact.

7. The Review Application is dismissed. No costs. Connected

miscellaneous petition would not survive.

(P.U., J.) (K.R., J.) 24.08.2022 Index:No raa/1

https://www.mhc.tn.gov.in/judis Review Application No.210 of 2021

PARESH UPADHYAY, J.

and KRISHNAN RAMASAMY,J raa

Rev. Application No.210 of 2021 in C.M.A.No.5 of 2020

24.08.2022

https://www.mhc.tn.gov.in/judis