Madras High Court
CMA.SR/73952/2024 of GAYATHIRI Vs K.R. PRAWINKUMAR on 10 September 2026
CMP No. 24139 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-09-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
AND
THE HON'BLE MRS.JUSTICE N. MALA
CMP No. 24139 of 2026
AND
CMA SR NO. 73952 OF 2024
1. Gayathiri
Rajkumar (deceased)
2. Priya
3. Brindha
4. Praveena
..Appellant(s)
Vs
1. K.R.Prawinkumar
2. Bajaj Alliance General Insurance Co., Ltd Raagavis Centre, 1st and 2nd Floor, 21A, Nethaji Nagar, Najundapuram Main Road, Ramanathapuram, Coimbatore District 641 045.
..Respondent(s)
CMA SR No. 73952 of 2024
1. Gayathiri
Rajkumar (deceased)
2. Priya
CMP No. 24139 of 2026
3.Brindha
4. Praveena
..Appellant(s)
Vs
1. K.R. Prawinkumar
2.Bajaj Alliance General Insurance Co., Ltd Raagavis Centre, 1st and 2nd Floor, 21A, Nethaji Nagar, Najundapuram Main Road, Ramanathapuram, Coimbatore District 641 045.
..Respondent(s)
CMP No. 24139 of 2026
Prayer:-To order refund of Rs.31,560/-paid as court fee in CMA Sr. No. 73952
of 2024, enabling the petitioners to file a fresh appeal against the order passed in MCOP No.114 of 2019 dated 02.11.2020 on the file of the Learned Motor Vechile Accident Claims Tribunal, Principal District Court, at Namakkal and thus render justice.
CMA SR No. 73952 of 2024
Prayer:- to enhance the compensation awarded in the Order dated 02.11.2020
made in MCOP.No.114 of 2019 on the file of Motor Vechile Accident Claims Learned Tribunal, Namakkal, Principal District Judge, Namakkal with interest and cost by allowing his Civil Miscellneous Appeal.
For Appellant(s):
Mr.M.Mohamed Afridi
CMP No. 24139 of 2026
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JUDGEMENT
(Order of the Court was made by P.T.Asha J.) CMP.No.24139 of 2026 has been filed to order refund of Rs.31,560/- paid as court fee in CMA Sr. No. 73952 of 2024, enabling the petitioners to file a fresh appeal against the order passed in MCOP No.114 of 2019 dated 02.11.2020, on the file of the Learned Motor Vechile Accident Claims Tribunal, Principal District Court, at Namakkal.
2. CMA Sr.No.73952 of 2024 has been filed to enhance the compensation awarded in the Order dated 02.11.2020 made in MCOP.No.114 of 2019 on the file of Motor Vechile Accident Claims Learned Tribunal, Namakkal, Principal District Judge, Namakkal with interest and cost by allowing his Civil Miscellneous Appeal.
3. Today, a memo of withdrawal dated 09.09.2026 has been filed seeking permission to withdraw the above Civil Miscellaneous Appeal, as the appellants are required to bring the Legal Representatives on record before the Tribunal. The learned counsel for the appellants seeks refund of the Court Fee paid and liberty to file a fresh Civil Miscellaneous Appeal.
CMP No. 24139 of 2026
4. In view of the above submission and the memo of withdrawal, this Civil Miscellaneous Appeal is dismissed as withdrawn at the S.R. stage, with liberty to the appellants to file a fresh appeal in accordance with law. he memo dated 09.09.2026 is taken on file. Considering the fact that sufficient reasons have been given in the affidavit filed in support of the petition seeking refund of the Court Fee, the Registry is directed to refund the Court Fee paid by the appellants. Consequently, C.M.P. No.24139 of 2026 is ordered accordingly. No costs. (P.T.A.,J.) (N.M.,J.) 10-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR To The Motor Vechile Accident Claims Tribunal, Principal District Court, at Namakkal.
CMP No. 24139 of 2026
P.T.ASHA J. AND N.MALA J. SHR CMP No. 24139 of 2026 AND CMA SR NO. 73952 OF 2024 10-09-2026