Madras High Court
CRP/5722/2025 of G.Vairam Vs S.Anandan on 28 August 2026
CRP No. 5722 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 5722 of 2025
CNR:{HCMA012750752025}
AND
CMP NO. 28483 OF 2025
1. G.Vairam
W/o. Thiyagarajan, No.79A, Parthasarathi Street, Madhuranthagam, Kancheepuram District.
2. T.Cheran (Minor)
S/o. Thiyagarajan, No.79A, Parthasarathi Street, Madhuranthagam, Kancheepuram District.
( Rep. by his mother and next friend 1st petitioner herein)
..Petitioner(s)
Vs
1. S.Anandan
No.4/6, Aadikesavan Street, Subramania Salai, West Saidapet, Chennai - 15.
2. TATA AIG General Insurance Co. Ltd
Claims Department, 2nd Floor, Samson
Towers, No. 403-L, Pantheon Road, Egmore, Chennai-8.
3. K.Selvarani
No. 79/A, Parthasarathy Street,
Maduranthagam, Chengalpattu-06.
..Respondent(s)
CMP No. 28483 of 2025
1. G.Vairam
W/o. Thiyagarajan, No.79A, Parthasarathi Street, Madhuranthagam, Kancheepuram District.
2. T.Cheran (Minor)
S/o. Thiyagarajan, No.79A, Parthasarathi Street,
CRP No. 5722 of 2025
Madhuranthagam, Kancheepuram District.
( Rep. by his mother and next friend 1st petitioner herein)
..Appellant(s)
Vs
1. S.Anandan
No.4/6, Aadikesavan Street, Subramania Salai, West Saidapet, Chennai - 15.
2. TATA AIG General Insurance Co. Ltd
Claims Department, 2nd Floor, Samson
Towers, No. 403-L, Pantheon Road, Egmore, Chennai-8.
3. K.Selvarani
No. 79/A, Parthasarathy Street,
Maduranthagam, Chengalpattu-06.
..Respondent(s)
CRP No. 5722 of 2025
To modify the amount as apportioned among the petitioners and the 3rd respondent in the award dated 30.10.2025 passed in MCOP No. 6582 of 2024 on the file of the Motor Accidents Claims Tribunal, Chief Judge, Small Causes Court, Chennai and allow the above CRP.
CMP No. 28483 of 2025
To stay the award dated 30.10.2025 passed in MCOP No. 6582 of 2024 on the file of the Motor Accidents Claims Tribunal, Chief Judge, Small Causes Court, Chennai as far as the amount as apportioned in favour of the 3rd respondent is concerned pending disposal of the above revision and pass such other order this Honble Court.
CRP No. 5722 of 2025
For Petitioner(s):
Mr.R.Nalliyappan
CRP No. 5722 of 2025
For Respondent(s):
No appearance for RR1 & 2
M/s.S.Kadarkarai for R3
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ORDER
The revision petition is filed by the wife and minor son of the deceased Thiyagarajan, who died in a motor accident on 09.06.2024. A claim for compensation was filed in M.C.O.P.No.6582 of 2024 before the Motor Accidents Claims Tribunal, Chief Judge, Small Causes Court, Chennai. The parties were referred to Lok Adalat and, before the Lok Adalat, the parties reached a compromise and an award came to be passed on 30.10.2025 for a sum of Rs.1,75,00,000/-[Rupees one crore seventy five lakhs only]. However, before the Lok Adalat, the parties did not arrive at any apportionment with regard to the payment due and payable to the mother of the deceased-3rd respondent in the original petition proceedings, as a result of which, the matter went before the Tribunal. The Motor Accidents Claims Tribunal, Chief Judge, Small Causes Court, Chennai by order dated 30.10.2025, apportioned a sum of Rs.60 lakhs out of Rs.1,75,00,000/- to the mother of the deceased Thiyagarajan. Aggrieved by the said apportionment, the wife and minor son of the deceased Thiyagarajan are before this Court by way of this revision petition.
2. After hearing elaborate arguments on either side and also interacting with the parties in the chamber, and considering the fact that the mother is now supported by her daughter, who is a divorcee and on whom properties have also
CRP No. 5722 of 2025
been settled by the mother, and taking into account the health issues suffered by the minor son of the deceased Thiyagarajan, I am inclined to set aside the apportionment as awarded by the Motor Accidents Claims Tribunal.
3. Out of the sum of Rs.1 crore 75 lakhs, the mother of the deceased, namely, the 3rd respondent, shall be entitled to Rs.30,00,000/- together with accrued interest on the said proportionate sum of Rs.30 lakhs. The additional Rs.30 lakhs reduced from the entitlement of the mother of the deceased together with accrued interest, shall be paid to the share of the minor son, the 2nd petitioner, in addition to Rs.50,00,000/- already awarded to him. The minor’s share of Rs.80,00,000/- [Rupees Eighty Lakhs only] shall be continued to be held in bank deposit till he attains majority, and the mother/1st petitioner shall be entitled to withdraw the interest once in three months for the uplift and maintenance of the minor son/2nd petitioner.
4. In view of the pendency of the revision petition, the order dated 30.10.2025 directing payment out of the amounts due and payable to the widow of the deceased Thiyagarajan and the mother/3rd respondent herein has not been given effect to. In view of the present order, the Tribunal shall ensure that the amounts payable to the 1st petitioner and the 3rd respondent, together with
CRP No. 5722 of 2025
accrued interest, as applicable and aforesaid, shall be paid within a period of four weeks from the date of receipt of a copy of this order.
5. Accordingly, this revision petition is allowed. The order dated 30.10.2025 passed by the Motor Accidents Claims Tribunal, Chief Judge, Small Causes Court, Chennai, insofar as the apportionment is concerned, is set aside. No costs. The connected miscellaneous petition is closed. 21-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No JRS To The Chief Judge,Motor Accidents Claims Tribunal, Small Causes Court, Chennai.
CRP No. 5722 of 2025
P.B.BALAJI J. JRS CRP No. 5722 of 2025 AND CMP NO. 28483 OF 2025 21-09-2026