IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 18.12.2025 CORAM:

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI M/s.Hindustan Coca Cola Beverages, Thriuvalluvar High Road, Madurai, Nemam Village, Poonamalle, Thiruvallur – 602 107.

...Appellant Vs.

1.M.Nagaraj

2.N.Balasubramani

3.M/s.Reliance General Insurance Company Limited, IInd Floor, Shri Abirami Towers, 43B, Gowly Brown Road,R.S.Puram, Coimbatore – 641 018.

...Respondents Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the order made in M.C.O.P.No.1085 of 2018, award 12.07.2023, on the file of the Motor Accident Claims Tribunal cum Special Subordinate Court at Coimbatore.

For Appellant : Mr.G.Balasubramanian For Respondent : R1 – Insufficient Address R2 – Left Mr.P.Suresh Srinivasan for R3 Today, the matter is listed under the caption "for being mentioned"

at the instance of the learned counsel for the appellant and the 3^rd respondent.

2. The learned counsel for both side would submit that in paragraph Nos.11, a typographical error has been crept in the operative portion of the Judgment dated 01.08.2025 made in C.M.A. No.39 of 2025, wherein it has been mentioned as the Appellant instead of the petitioner.

3. In view of the above, the Registry is directed to modify the order as per the details given below:

“11.The third respondent Insurance Company is directed to deposit the award amount before the Tribunal within a period of 8 weeks from the date of receipt of a copy of this judgment and recover the same from the second respondent. On such deposit being made, the petitioner is permitted to withdraw the amount along with accrued interest and proportionate costs, after deducting the amount already withdrawn, if any, on making proper and necessary application before the Tribunal.”

4. Registry is directed to modify in terms of the above and issue fresh order copy to the parties forthwith.

5. In other respects, the order dated 01.08.2025 shall remain unaltered.

18-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No Lbm T.V.THAMILSELVI, J.

Lbm To

1.The Motor Accidents Claims Tribunal cum Special Subordinate Court, Coimbatore.

2.The Section Officer, VR Section, High Court of Madras, Chennai – 600 104.

18.12.2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 01.08.2025 CORAM:

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI M/s.Hindustan Coca Cola Beverages, Thriuvalluvar High Road, Madurai, Nemam Village, Poonamalle, Thiruvallur – 602 107.

...Appellant Vs.

1.M.Nagaraj

2.N.Balasubramani

3.M/s.Reliance General Insurance Company Limited, IInd Floor, Shri Abirami Towers, 43B, Gowly Brown Road,R.S.Puram, Coimbatore – 641 018.

...Respondents Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the order made in M.C.O.P.No.1085 of 2018, award 12.07.2023, on the file of the Motor Accident Claims Tribunal cum Special Subordinate Court at Coimbatore.

For Appellant : Mr.G.Balasubramanian For Respondent : R1 – Insufficient Address R2 – Left Mr.P.Suresh Srinivasan for R3

J U D G M E N T

This appeal is filed by the appellant challenging the order dated

12.07.2023 passed in M.C.O.P.No.1085 of 2018 on the file of Motor Accidents Claims Tribunal cum Special Subordinate Court, Coimbatore.

2.For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

3.The petitioner is the claimant, first respondent is the driver of the vehicle, second respondent is the owner of the vehicle and third respondent is the Insurance Company before the Tribunal.

4.The brief facts of the case are as follows:

On 09.04.2018 at 15.30 hrs., when the petitioner was proceeding in a two wheeler bearing Registration No.TN 37 Y 1976 from North to South near Kovai Irugur Devar statue at that time, Eicher lorry bearing Registration No.TN 20 AS 9157 driven by its driver in a rash and negligent manner and hit against the petitioner. Due to the accident, the petitioner sustained grievous injuries. Immediat