Madras High Court

CRP/5813/2026 of Nilofar Nisha Vs A.A.Rasheed on 21 September 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-09-2026

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI

CRP Nos. 5813 and 5828 of 2026

CNR:{HCMA012076022026}

1. Nilofar Nisha

W/o.Late Mohamed Anzar Razeeth, Rest.at

No.17/42 Vembuliamman Koil Street,

Pazhavanthangal, Alandur, Chennai 600

114. Now at No.19/8 Anzar Manzil, 6th

Street, Nehru Colony, Nanganallur,

Chennai 600 061.

2. Arshad Mohamed Razeen

S/o.Late Mohamed Anzar Razeeth, Rest.at

No.17/42 Vembuliamman Koil Street,

Pazhavanthangal, Alandur, Chennai 600

114. Now at No.19/8 Anzar Manzil, 6th

Street, Nehru Colony, Nanganallur,

Chennai 600 061.

3. Ahmed Riyajath Mohaideen (minor)

S/o.Late Mohamed Anzar Razeeth, Minor

rep by mother and natural guardian 1st

petitioner, Rest.at No.17/42

Vembuliamman Koil Street,

Pazhavanthangal, Alandur, Chennai 600

114. Now at No.19/8 Anzar Manzil, 6th

Street, Nehru Colony, Nanganallur,

Chennai 600 061.

Petitioners in both the revisions

Vs

1. A.A.Rasheed

No.5/70 Goppannur Pudur, Kappalankari

Post, Pollachi 642 001.

2.M/s. New India Assurance Co.Ltd.,

6th Floor, Bombay Mutual Buildings,

No.234 NSC Bose Road, Chennai 600 001.

3.Sathik Ali

No.2 Gokulam Colony, Guindy, Chennai

600 032.

Respondents in both the revisions

Revisions filed under Article 227 of Constitution of India praying for numbering and disposal of the miscellaneous petition in M.P.SR.Nos.8899 of 2026 and 10450 of 2026 in MCOP No.1393 of 2019 on the file of Motor Accidents Claims Tribunal, II Judge, Court of Small Causes, Chennai.

For Petitioner(s):

Mr.K.Govi Ganesan

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COMMON ORDER

Heard the learned counsel for the revision petitioners.

2. The revision petitioners seek limited direction to the Motor Accidents Claims Tribunal, II Judge, Court of Small Causes, Chennai to number M.P.SR.Nos.8899 of 2026 and 10450 of 2026 in MCOP No.1393 of 2019. The said applications have been filed for payment out of the proportionate share of the revision petitioners. The applications have not been numbered by the Tribunal citing pendency of MP Nos.4 and

5 of 2026 filed by the owner of the vehicle seeking to set aside the exparte award passed against him.

3. Admittedly, in the present case, the Insurance Company contested the proceedings and subsequent to the award being passed, the entire award amount has also been deposited on 11.11.2025. The award amount is before the Court and the petitioners have filed the applications in M.P.SR.Nos.8899 of 2026 and 10450 of 2026 for payment out of the proportionate share of the petitioners.

4. The pendency of an application to set aside the exparte award, that too, at the instance of the owner of the vehicle, when the entire award amount has been satisfied by the Insurance Company, cannot stall the payment out applications filed by the claimants/petitioners herein.

5. In view of the limited relief, I am inclined to dispense with notice to the respondents.

6. The civil revision petitions are allowed. The Motor Accidents Claims Tribunal, II Judge, Court of Small Causes, Chennai is directed to number the payment out applications filed by petitioners/claimants in M.P.SR.Nos.8899 of 2026 and 10450

P.B.BALAJI.,J sr of 2026 in MCOP No.1393 of 2019 and pass orders after hearing all the parties without putting the pendency of the setting aside application filed by the owner of the vehicle against the maintainability of the petitions for payment out.

7. Registry is directed to return the original petition to the learned counsel for the petitioner within a period of one week from the date of the order being uploaded to enable representation before the Tribunal. No costs. 21.09.2026 Index:yes/no Website:yes/no Speaking Order/Non-speaking Order sr To The Motor Accidents Claims Tribunal, II Judge, Court of Small Causes, Chennai.

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