Authority: High Court of Judicature at Madras

Order Date: 22-06-2026

Case Overview

  • Petitioner: Tata AIG General Insurance Co. Ltd, 2nd Floor, Samson Towers, No.403‑L, Pantheon Road, Egmore, Chennai 600 008.
  • Respondents: Kamala Tanti; Ashit Tanti; Arjun Tanti (Minor, represented by mother); Anita Tanti (Minor, represented by mother); Niru Tanti; Samant Logistics, Shop No.9, Bhora Kalan, Gurugram, Haryana‑122413.
  • Proceedings: Civil Revision Petition (CRP No. 366 of 2026) filed under Article 227 of the Constitution, seeking to set aside the order dated 25‑09‑2025 passed in M.P.No. 1 of 2025 in MCOP No. 3191/2024 before the Chief Judge, Small Causes Court, Chennai (Motor Accident Claims Tribunal).
  • Background: The Tribunal had dismissed the petitioner’s application for issuance of a subpoena to the Investigating Officer (IO) of Bagalur Police Station, seeking oral evidence and the vehicle records of the lorry bearing Registration No. HR‑55‑AK‑4116, alleged to be involved in the accident. The Tribunal reasoned that the petitioner could obtain certified copies from the concerned authorities.
  • Petitioner’s Contentions: The insured and driver are non‑traceable; therefore, certified copies cannot be obtained. The petitioner argued that the Tribunal erred in dismissing the subpoena application and that the investigating agency appointed by the insurer could not secure the required vehicle particulars.
  • Respondents’ Contentions (through counsel for respondents 1‑4): The petitioner must obtain the particulars from the insured; the Tribunal correctly rejected the subpoena application. Any investigation by the insurer’s agency should obtain the details, not through a subpoena.
  • Court’s Reasoning: After considering both sides, the Court found no prejudice to any party if the subpoena is issued. Given the non‑traceability of the insured and driver, the Court deemed the Tribunal’s order erroneous and set it aside.

Final Outcome

  • The impugned order dated 25‑09‑2025 in M.P.No. 1 of 2025 (MCOP No. 3191/2024) is set aside.
  • The Civil Revision Petition is allowed with the following directions:

1. The Motor Accident Claims Tribunal is directed to issue summons to the Investigating Officer, Bagalur Police Station, to let in oral evidence and produce the vehicle records of the lorry Registration No. HR‑55‑AK‑4116 and other documents pertaining to Crime No. 213 of 2023.

2. The Tribunal must dispose of MCOP No. 3191/2024 within six months from receipt of a copy of this order.

3. The Registry of Small Causes Court, Chennai, shall list the matter before the Chief Judge, Small Causes Court, Chennai (Motor Accident Claims Tribunal) on 24‑07‑2026 for further directions regarding the issuance of the subpoena.

  • No costs awarded. CMP.No. 2104 of 2026 is closed.
  • Neutral Citation: Yes/No RKM (as recorded).

Topics: Court Order, Insurance Claim Investigation, Vehicle Subpoena