Rathna v. The Branch Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-11-2025
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI CRP Nos.6117, 6119, 6120 & 6121 of 2025 CRP No. 6117 of 2025 Rathna W/o.Swaminathan, Periyadhapai Village, Jittandhalli Post, Palacode Taluk, Dharmapuri District.
Now residing at:
No.4/41, Kandasamy Vathiyar Street, Dharmapuri Town and District.
Petitioner(s) Vs The Branch Manager Branch Office at No.22-B, P.R.
Sundaram Iyer Street, Respondent(s) CRP No. 6119 of 2025 Swaminathan, S/o.Chinnasakkan, Periyadhapai Village, Jittandahalli Post, Palacode Taluk, Dharmapuri District.
Now Residing at, No.4/41, Kandasamy Vathiyar Street, Dharmapuri Town and District
Petitioner(s) Vs The Branch Manager, Branch Office at No.22-B, P.R.Sundaram Iyer Street, Respondent(s) C.R.P.No.6120 of 2025 Guruvan S/o.Ponnugan (Late), No.2/489, Jokirtottai Village, Jittandahalli Post, Palacode Taluk, Dharmapuri District.
Petitioner(s) Vs The Branch Manager Branch Office at No.22-B, P.R.
Sundaram Iyer Street, Respondent(s) CRP No. 6121 of 2025 Usha W/o.Kuruvan, No.2/489, Jokirtottai Village, Jittandahalli Post, Palacode Taluk, Dharmapuri District.
Petitioner(s)
Vs The Branch Manager Branch Office at No.22-B, P.R.
Sundaram Iyer Street, Respondent(s) PRAYER in CRP No. 6117 of 2025:
Petition filed under Article 227 of the Constitution of India, to set aside the docket order dated 11.11.2025 passed in IA Sr.4769 of 2025 in MCOP No.1044/2019 on the file of the Motor Accident Claims Tribunal, Special District Court, Dharmapuri and direct the Court below to permit the Petitioners to withdraw the entire enhancement amount as per order dated 22.07.2024 passed in CMA No.1250/2024 passed by this Court. PRAYER in CRP No. 6119 of 2025:
Petition filed under Article 227 of the Constitution of India, to set aside the docket order dated 11.11.2025 passed in IA (SR) No.4770 / 2025 in MCOP No.1044 / 2019 on the file of the Motor Accident Claim Tribunal, Special District Court, Dharmapuri and direct the Court below to permit the Petitioners to withdraw the entire enhancement amount as per order dated 22.07.2024 passed in CMA No.1250/2024 passed by this Court, Madras.
PRAYER in CRP No. 6120 of 2025:
Petition filed under Article 227 of the Constitution of India, to set aside the docket order dated 11.11.2025 passed in IA Sr.4768 of 2025 in MCOP No.1043/2019 on the file of the Motor Accident Claims Tribunal, Special District Court, Dharmapuri and direct the Court below to permit the Petitioners to withdraw the entire enhancement amount as per
order dated 22.07.2024 passed in CMA No.1251/2024 passed by this Court. PRAYER in CRP No. 6121 of 2025:
Petition filed under Article 227 of the Constitution of India, to set aside the docket order dated 11.11.2025 passed in IA Sr.4767 of 2025 in MCOP No.1043/2019 on the file of the Motor Accident Claims Tribunal, Special District Court, Dharmapuri and direct the Court below to permit the Petitioners to withdraw the entire enhancement amount as per order dated 22.07.2024 passed in CMA No.1251/2024 passed by this Court. For Petitioner(s):
Mr.D.Rameshkumar COMMON ORDER Since all these four Civil Revision Petitions arise out of the same motor accident and the relief sought also being common, these civil revision petitions are decided by this common order.
2. These Civil Revision Petitions are filed at the instance of the claimants in M.C.O.P's proceedings. The claimants were successful in getting an award before the Tribunal.
3. At this juncture, the Insurance Company has deposited the amount awarded by the Tribunal and payment out applications were taken out by the petitioners and the same was ordered by the Tribunal, after getting 'No
objection certificate' from the respondent/Insurance Company. The petitioners have also filed full satisfaction memos along with the applications at the time of payment out applications being ordered. Subsequently, the claimants have challenged the award in C.M.A.No.1250 & 1251 of 2024 and this Court by judgement dated 22.07.2024 has enhanced the compensation further. The enhanced compensation amount has also been deposited by the Insurance Company. In order to withdraw the enhanced compensation amount, fresh payment out applications have been taken out by the petitioners. However, the said applications were returned, stating that the petitioners have already filed full satisfaction memos before the Tribunal and it is not open to the petitioners to seek payment out of the balance amounts that are available to the credit of the respective M.C.O.P's proceedings.
4. The Motor Vehicles Act is a beneficial legislation and the victims of motor accidents are entitled to fair and just compensation and merely because the compensation that was deposited in compliance with the award passed by the Tribunal has been withdrawn, on filing of full satisfaction memos, it cannot take away the entitlement of the petitioners to the additional amounts that have been ordered by this Court. In fact, the Insurance Company has expressed 'no objection' for the enhanced amount being paid out to the petitioners as well.
5. In such circumstances, the Tribunal has fell in error in refusing to entertain the applications for payment out. Therefore, the impugned orders dated 11.11.2025 are set aside. The applications shall be processed and the Tribunal shall ensure that the amounts are paid out to the respective petitioners, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
6. With the aforesaid observations and directions, these Civil Revision Petitions are allowed. No costs.
28-11-2025 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. The Motor Accident Claims Tribunal, Special District Court, Dharmapuri.
2. The Branch Manager Branch Office at No.22-B, P.R. Sundaram Iyer Street,
P.B.Balaji J.
jd CRP Nos.6117, 6119, 6120 & 6121 of 2025 28-11-2025