The Oriental Insurance Co. Ltd vs Anthonydoss
2023 Latest Caselaw 8256 Mad

                                                                          C.R.P.(NPD) No.705 of 2018

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 13.07.2023

                                                       CORAM :

                         THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

                                              C.R.P.(NPD)No.705 of 2018
                                              and C.M.P.No.3682 of 2018


                     The Oriental Insurance Co. Ltd.,
                     Pondicherry.                                               ... Petitioner

                                                          vs.

                     1.Anthonydoss
                     2.Sagayanathan
                     3.Rojalee
                     4.Ramejoo
                     5.Savarimuthu
                     6.Arokiyadoss
                     7.Mardhandan                                               ... Respondents

                     Prayer: Petition filed under Article 227 of the Constitution of India
                     against the fair and decretal order dated 25.08.2015 made in I.A.No.913
                     of 2015 in M.C.O.P.No.17 of 2008, on the file of Principal District
                     Court, Villupuram.


                                     For Petitioner:   Mrs.Elveera Ravindran

                                     For Respondents: Ms.Dhanalakshmi (for R1)
                                                      for Mr.E.C.Ramesh


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                                                                                C.R.P.(NPD) No.705 of 2018



                                                          ORDER

The learned counsel appearing for the petitioner would submit that

the policy itself that have been produced before the Court was a forged

document and the Oriental Insurance Company is not responsible at all.

2.According to him, on the date of the accident, the vehicle did not

have an insurance and the one produced before the Court is a rank

forgery. The award was passed on the basis of Ex.P5 which is the copy of

insurance. As per Ex.P5, the seventh respondent vehicle was having

valid insurance. The petitioner did not file an application immediately,

but filed an application after two years.

3.They have not filed an application to condone the delay in filing

a review petition. The period of limitation to file a review is 30 days.

Section 152 of the Code of Civil Procedure is meant to correct clerical

errors in the judgment or decree. Knowing that the limitation has went

against them, they have deliberately not filed the application under Order

47, but had invoked Sections 151 and 152 of the Code of Civil

Procedure.

4.The learned trial Judge has dismissed the application holding

that such a belated application cannot be entertained. The only solution

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C.R.P.(NPD) No.705 of 2018

for the respondent is to file an appeal as against the judgment and decree

in MCOP.No.17 of 2008 dated 24.02.2010. The period from 21.03.2012

till date can be considered for exclusion, as the petitioner has been

bonafidely pursuing the remedy under Section 151 read with Section 152

of Code of Civil Procedure.

5.There is no apparently clerical error between the judgment and

decree. It does not require interference. The order of the learned Principal

District Judge, Villupuram in I.A.No.913 of 2015 in MCOP.No.17 of

2008 is confirmed. The petitioner may file an appeal against the decree,

if so advised and as stated above, can get the exclusion for having

bonafidely pursued this litigation.

6.With the above observations, this Civil Revision Petition is

dismissed. No costs. Consequently, connected miscellaneous petition is

closed.

13.07.2023 Index:Yes/No Speaking/Non-speaking order Neutral Citation:Yes/No vs

To

The Principal District Court, Villupuram.

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

C.R.P.(NPD) No.705 of 2018

V. LAKSHMINARAYANAN,J.

vs

C.R.P.(NPD)No.705 of 2018 and C.M.P.No.3682 of 2018

13.07.2023

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