IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.10.2024 CORAM THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA C.R.P. Nos.654 and 655 of 2024 Chandran ... Petitioner in C.R.P.No.654 of 2024 Umaiyamma ... Petitioner in C.R.P.No.655 of 2024 Vs.

1.Rajee

2.Bharathi AXA General Insurance Co., Ltd., Divya Trade Centre, First Floor, No.11, Brindavan Road, Fairlands, Salem. ... Respondent Prayer: Civil Revision Petitions filed under Article 227 of the Constitution of India against the fair and decretal orders passed in I.A.Nos.1 and 2 of 2023 in M.C.O.P.No.1636 of 2016 dated 02.11.2023 on the file of Motor Vehicle Accident Claims Tribunal/Principal District Judge, Namakkal.

For petitioner : Mr.M.Mohamed Afridi in both C.R.Ps.

For Respondents : No appearance in both C.R.Ps.

COMMON ORDER

The present civil revision petitions have been filed under Article

227 of the Constitution of India against the fair and decretal order dated 02.11.2023 passed in I.A.No.1 of 2023 and I.A.No.2 of 2023 respectively in M.C.O.P.No.1636 of 2016 on the file of Motor Vehicle Accidents Claims Tribunal/Principal District Judge, Namakkal, dismissing both the Applications filed under Rules 163 and 165 of Civil Rules of Practice read with Section 151 of C.P.C., seeking permission to withdraw a sum of Rs.15,69,900/- in respect of first petitioner and Rs.21,22,125/- in respect of second petitioner being their shares out of the compensation awarded to them in M.C.O.P.No.1636 of 2016.

2. Brief facts:-

i) The petitioners herein are claimants 1 and 2 in M.C.O.P.No.1636 of 2016 seeking compensation towards the death of their son viz., Arjun Chandran. The Motor Vehicle Accident Claims Tribunal, after enquiry, had awarded a sum of Rs.17,39,777/- as compensation by an order dated 19.04.2017. Out of the said award amount, the Tribunal had directed that the first claimant, viz., Umayamma, the mother of the deceased was entitled to Rs.10,00,000/-

and the second claimant, viz., Chandran, the father of the deceased, is entitled for Rs.7,39,777/-.

ii) Claiming enhancement of compensation, the claimants had preferred C.M.A.No.2216 of 2017, wherein this Court, vide judgment dated 12.07.2022, had enhanced the compensation amount and thereupon, the enhanced compensation including accrued interest worked out to Rs.37,91,146/-. After deducting Tax Deducted at Source(TDS) of Rs.99,121/-, the second respondent-Insurance Company had deposited a sum of Rs.36,92,025/- in the Tribunal. Out of the said deposited amount, the first claimant-Umayamma was entitled to withdraw a sum of Rs.21,22,125/- towards her share and the second claimant-Chandran was entitled to withdraw a sum of Rs.15,69,900/- towards his share.The claimants have filed I.A.Nos.1 and 2 of 2023 seeking to withdraw their respective shares from the amount deposited.

iii) No objection was expressed on behalf of the Insurance Company by way of an endorsement for permitting the claimants to withdraw their respective shares.

iv) Whileso, the Tribunal, during the course of enquiry, found that only the first claimant-Umayamma, the mother of the deceased had signed in the vakalath and petition and that the second claimant-

Chandran, the father of the deceased, had not signed in the vakalath and petition. In the vakalath and the petition, the first claimant had affixed her signature and had also written her name. The Motor Vehicle Accident Claims Tribunal, holding that both the signatures of the mother Umayamma are different and that the second claimant, the father of the deceased, had not affixed his signatures in the application as well as in the vakalath, had doubted the bona fide of the petitioners and dismissed the petitions seeking to withdraw the amount holding that the petitioners had attempted to commit fraud on the Court. Challenging the said orders, the present civil revision petitions have been filed by the petitioners/claimants, who are the parents of the deceased.

3. Mr.M.Mohamed Afridi, learned counsel appearing for the petitioners