Chellam v. Royal Sundaram Alliance Insurance Company Limited,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25-04-2025

CORAM

THE HONOURABLE DR JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA IN CMA(MD) NO.1116 of 2024 Chellam W/o.Kaniappan, Door No.89/8A, Opp. Lions Club School, Aruppukottai Road, Virudhunagar.

Petitioner(s) Vs M/s.Royal Sundaram Alliance Insurance Company Limited, Office at Krishna Plaza, 1st Floor, Nadippa Street, Behind Bus Stand, Erode District, Through its Branch Manager. And 5 Others.

Respondent(s) For Petitioner(s):

P.Malini K.S.Jothimani For Respondent(s):

ORDER

This petition is filed seeking withdrawal of the petitioner's share deposited to the credit of M.C.O.P. No. 47 of 2015 on the file of the Additional District Judge / Motor Accidents Claims Tribunal, Virudhunagar.

2. The petitioner is the mother of the deceased in the motor accident, and 1/3

her claim petition, along with those of the other dependents, was allowed by the Tribunal on 31.07.2023. The Tribunal apportioned a sum of Rs. 20 lakhs to the petitioner from the total compensation of Rs. 90 lakhs. Aggrieved by the award, the Insurance Company preferred an appeal.

3. While granting a stay on the operation of the award, this Court directed the Insurance Company to deposit 50% of the award amount, which has now been deposited as per the instructions given to the petitioner. It is contended that the petitioner is presently 77 years old and requires the compensation amount to meet her medical needs. Considering the age of the petitioner and the reasons stated in the affidavit filed in support of the petition, this Court is inclined to allow this petition.

4. Accordingly, this petition is allowed. The petitioner is permitted to withdraw a sum of Rs. 10 lakhs only, from the amount lying to the credit of M.C.O.P. No. 47 of 2015 on the file of the Additional District Judge / Motor Accidents Claims Tribunal, Virudhunagar.

sd/- 25/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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KSA TO THE ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, VIRUDHUNAGAR.

+1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-4817[I] dated 25/04/2025 ) +1 CC to M/s.P.MALINI, Advocate ( SR-4875[I] dated 28/04/2025 )

ORDER

IN IN CMA(MD) NO.1116 of 2024 Date :25/04/2025 SA/SAR. /08.05.2025/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3