IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-06-2026
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
AND
THE HON'BLE MR. JUSTICE K.RAJASEKAR
CMA No. 2297 of 2025
AND CMP No.19461 of 2025
United India Insurance Company Limited
No.24, Whites Road, Chennai-600 014
..Appellant(s)
Vs
1. S.Geetha
W/o. Late. Saravanan, No.30, Thiruvalluvar
Street, Kalambur Village and Post, Polur Taluk,
Thiruvannamalai District.
2. Dinesh Kumar (Minor)
Minor represented by mother and NF 1st
Respondent S/o late Saravanan, No.30,
Thiruvalluvar Street, Kalambur Village and
Post Polur Taluk, Thiruvannamalai District.
3. Viknesh (Minor)
Minor represented by mother and NF 1st
Respondent S/o late Saravanan, No.30,
Thiruvalluvar Street, Kalambur Village and
Post Polur Taluk, Thiruvannamalai District.
4. Anjali
W/o Arumugam, No.30, Thiruvalluvar Street,
Kalambur Village and post Polur Taluk,
Thiruvannamalai District.
5. V.Kumar
S/o Vajravel,
NO.53, Kandanchavadi, Tyagi Sathyamurthy
Street, Sholinganallur Chennai 600 119.
6. M.Jayaprakash
S/o Madhavan,
No.237, Veerakoil Street, Anaimallur Arcot
Taluk.
7. New India Assurance Company Limited
No.82, Railway Station Road, Gudiyatham.
..Respondent(s)
For Appellant(s): Mr.M.B.Raghavan
for M/s.M.B.Gopalan Associates
For R1 to R4: Mr.S.L.Venkatesan
For R7: Mr.S.P.Chockalingam
For R5 and R6: No appearance
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 06.03.2024 passed in
M.C.O.P.No.302 of 2013 on the file of the Motor Accidents Claims Tribunal,
Subordinate Court at Arani, Thiruvannamalai District.
JUDGMENT
(delivered by K.Rajasekar, J.)
Challenging the judgment and decree dated 06.03.2024 passed in
M.C.O.P.No.302 of 2013 on the file of the Motor Accidents Claims Tribunal,
Subordinate Court at Arani, Thiruvannamalai District, the appellant has
preferred the present civil miscellaneous appeal.
2. It is seen that the seventh respondent herein viz. The New India
Assurance Company Limited has filed C.M.A.No.3547 of 2024 challenging the
aforesaid judgment and decree, in which, the Hon’ble Division Bench of this
Court, by judgment dated 27.03.2025, dismissed the appeal with the following
direction:
“9. Accordingly, the Civil Miscellaneous Appeal filed
by the appellant is dismissed and the appellant is directed to
deposit the award amount determined by the Tribunal, together
with interest at the rate of 7.5% per annum from the date of
petition till the date of deposit (less the default period, if any)
along with interest and costs, if not already deposited, within a
period of four weeks from the date of receipt of a copy of this
Judgment. On such deposit, the respondents 1 to 4 are
permitted to withdraw the award amount along with
proportionate interest and costs, less the amount if any, already
withdrawn as per the apportionment fixed by the Tribunal. No
costs. Consequently, the connected miscellaneous petition is
closed.”
3. Since the Hon’ble Division Bench of this Court has confirmed the
award passed by the tribunal by dismissing the connected appeal, we are not
inclined to interfere with the aforesaid judgment and decree passed by the
tribunal.
Ergo, this civil miscellaneous appeal is dismissed. The appellant is
directed to deposit the award amount determined by the tribunal, together with
interest at the rate of 7.5% per annum from the date of petition till the date of
deposit (less the default period, if any) along with interest and costs, if not
already deposited, within a period of four weeks from the date of receipt of a
copy of this Judgment. On such deposit, the respondents 1 to 4 are permitted to
withdraw the award amount along with proportionate interest and costs, less the
amount if any, already withdrawn, as per the apportionment fixed by the
tribunal. No costs. Connected C.M.P. is closed.
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