Madras High Court

CRP/4240/2026 of P.Nedunchezian (Died) Vs P.Ramesh on 14 August 2026

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CRP No. 4240 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-08-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI

CRP No. 4240 of 2026

P.Nedunchezian (Died)

1. Mini W/o. Nedunchezian,

No.8/8, Dharma Nagar, 3rd Cross,

Suramangalam,

Salem - 636 005.

..Petitioner(s)

Vs

1. P.Ramesh

2. The New India Assurance Co. Ltd.

No.7, B.K.Building, Ramalinga Mudhaliyar Street, Gugai, Salem - 636 006.

3. Thangamani

..Respondent(s)

Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, pleased to set aside the return order dated 10.04.2026 in I.A.Sr.No.1683 of 2026

in MCOP NO.350 of 2016 on the file of Special Sub Judge No.II Salem and direct the Tribunal to number the petition and dispose of on merit and pass such futher or other orders.

For Petitioner(s):

M/s.Harim

for Mr.R.Navaneetha Krishnan

For Respondent(s):

No appearance

CRP No. 4240 of 2026

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ORDER

Heard Mr.Harim for Mr.Navaneetha Krishnan, the learned counsel for the revision petitioner. Despite service of notice on the contesting third respondent the mother-in-law of the revision petitioner, the third respondent has neither chosen to appear in person or through counsel.

2. The learned counsel for the petitioner states that though the Motor Accident Claims Tribunal awarded a sum of Rs.38,28,034/- and against the same, the Insurance Company/Second respondent herein preferred an appeal before the Division Bench of this Court in CMA.No.490 of 2020. The said CMA.No.490 of 2020 was disposed of on 20.10.2023, reducing the award of the Tribunal to Rs.35,37,000/-, payable with interest at 7.5% p.a. from the date of filing of the claim petition. The Clause (iv) of the judgment of this Court in CMA.No.490 of 2020 is extracted as hereunder:- “ (iv) On such deposit being made, the 3rd and 4th respondents are at liberty to withdraw the amount.”

3. This Court has not indicated the ratio in which the award amount has to be shared between the revision petitioner herein and her mother-in-law/3rd respondent. In fact, I find that same counsel has appeared for both the petitioner and the third respondent even before the Division Bench of this Court.

CRP No. 4240 of 2026

4. The counsel for the petitioner fairly states that the petitioner/wife has no objection for 50% being apportioned to each of the parties, namely, the petitioner and the third respondent.

5. In such view of the matter, I do not see any prejudice being caused to the third respondent who remains unrepresented before this Court. The civil revision petition is therefore allowed and the return order dated 10.04.2026 in I.A.Sr.No.1683 of 2026 in MCOP.No.350 of 2016 on the file of the Special Sub Judge No.II, Salem is set aside. The petitioner is permitted to pursue her application for payment out in respect of 50% of the award amount, including accrued interest. The Tribunal shall ensure that the application is decided expeditiously within a period of eight weeks from the date of receipt of a copy of this order. It shall be open to the third respondent to take out an application for payment out of her entitlement in accordance with law.

6. With the above observations and directions, the civil revision petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed, if any. 14-08-2026 Index: Yes/No Speaking/Non-speaking order DPQ

CRP No. 4240 of 2026

P.B.BALAJI, J. DPQ To The Special Sub Judge No.II Salem CRP No. 4240 of 2026 14-08-2026

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