V.Paneer Selvam v. Murugesan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Sub Application (MD)No.208 of 2025 in Cont P(MD) No.2556 of 2024 1.V.Paneerselvam 2.S.Ramasamy 3.K.Kandhasamy 4.T.Ramanathan ... Petitioners Vs.

1.M.Murugesan The Regional Manager, M/s.New India Assurance Co.Ltd., 770-A, Annasalai, Chennai-2.

2.K.Kesavan 3.K.Selvarani 4.S.Jeyaraman 5.M.Rasappa 6.B.Navaneethan 7.M.P.Sembaiah 8.S.Indirani 9.V.Samimuthu 10.S.Marimuthu 11.S.Subramanian 1/6

12.K.Lawan 13.C.Prabhakaran 14.T.Kandeepan 15.S.Marimuthu 16.M.Kanchana ... Respondents Prayer: Sub Application filed under Section 151 of Civil Procedure Code, to revive the order dated 07.03.2025 in Contempt Petition(MD) No.2556 of 2024 in W.P(MD) No.3417 of 2019.

For Petitioner : Mr.N.Karthikkanna For R1 : Mr.G.Prabhu Rajadurai For R2 to R16 : No appearance

ORDER

The sub application has been filed by four of the writ petitioners in WP(MD) No.3417 of 2019 that the first respondent has not paid the amount as directed by this Court in the said writ petition. 2.The petitioners along with others have filed a contempt petition in 2/6

Cont.P(MD) No.2556 of 2024 before this Court with a grievance that the order of the Court dated 11.06.2024 in W.P(MD) No.3417 of 2019 has not been complied with. In the contempt petition, a report has been filed by the first respondent stating that substantiate portion of the insurance amount has been settled to the claimants and the remaining portion will also be settled within a period of one week. Recording the report of the first respondent, the contempt petition was closed on 07.03.2025. The petitioners have filed this application contending that the contempt petition was closed without ascertaining the actual amount to be paid by the respondent. According to the petitioners, the respondent have not paid the amount as directed by this Court in WP(MD)No.3417 of 2019.

3.Considering the submission of the petitioners, this Court, by its earlier order dated 02.06.2025, directed the first respondent to file a calculation memo as to the manner in which they have arrived at the calculation for the payment made to the petitioners.

4.The learned counsel for the first respondent has filed a calculation memo before this Court and a copy of the calculation memo has also been 3/6

furnished to the learned counsel for the petitioners.

5. This Court is not inclined to proceed further into the matter in contempt jurisdiction. In the event, if the petitioners are having any grievance that the amount has not been calculated in a proper manner, a remedy is available before the District Level grievance committee, Headed by the District Collector. Therefore, the petitioners are at liberty to workout their remedy for any further payment, if any, due from the respondent, by filing necessary application before the District Level grievance committee, within a period of two months from the date of receipt of a copy of this order. Since the claim of the petitioners is of the year 2018, the District Level Grievance Committee shall also consider the case of the petitioners sympathetically and conclude the proceedings after hearing both sides within a reasonable time. Accordingly, this Sub Application is closed. 28.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No cp 4/6

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B.PUGALENDHI, J.

cp Sub Application(MD)No.208 of 2025 28.07.2025 6/6