Sathya v. United India Insurance Company Ltd

Order (Order of the Court was made by S.M.Subramaniam J.) The judgment and decree came to be passed on 12.04.2024 in C.M.A.No.514 of 2021. Thereafter, the 4th respondent/Muthuvedi, died. Consequently, the legal heirs of the deceased Muthuvedi are impleaded and brought on record.

¶2In view of the said position, the present petition has been filed seeking modification of the judgment and decree to enable the legal heirs to get their respective shares from and out of the compensation granted in Award dated 12.04.2024 in C.M.A.No.514 of 2021.

¶3Learned counsel for the 1st respondent has no serious objection in allowing the petition for modification.

¶4In view of the submissions made between the parties, this modification petition stands allowed. Therefore, the apportionment of award along with accrued interest pertaining to the deceased Muthuvedi, is to be shared between the legalheirs viz., for petitioner Nos.1 to 3, each 1/18 share and for petitioner Nos.5 to 9, each 3/18 share respectively. The legal heirs of Muthuvedi are at liberty to file appropriate petition before the Court concerned for withdrawal of their respective award amount as per their shares. (S.M.S.,J.) (R.S.V.,J.) 25-06-2026 Index: Yes/No Speaking/Non-speaking order vsi Page6 of 7 To

¶1United India Insurance Company Ltd Divisional Office, Tuticorin, 457, Victoria Extension Road, Tuticcorin, Tamil Nadu 628 002.

¶2C.Balaji S/o. Chinnaraj, No.5/295, Nadur Village, Bommidi Post, B.Thurinjipatti, Pappiredipatti Taluk, Dharmapuri District - 635 301. CMPoNo.o3573oofo2026 S.M.SUBRAMANIAMeJ. AND R.SAKTHIVELeJ. VSI CMPeNo.e3573eofe2026 and CMAeNo.e514eofe2021 25-06-2026 Page7oofo7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-06-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE R.SAKTHIVEL in CMA No. 514 of 2021 1. Sathya W/o. Late. Chinnapaiyan, No.1/101-E, Bharathamatha Street, Viswanathan Nagar, Vennampatti Road, Dharmapuri Town, Dharmapuri Taluk and District. 2. Santhosh S/o. Late. Chinnapaiyan, No.1/101-E, Bharathamatha Street, Viswanathan Nagar, Vennampatti Road, Dharmapuri Town, Dharmapuri Taluk and District. 3. Sathish S/o. Late. Chinnapaiyan, No.1/101-E, Bharathamatha Street, Viswanathan Nagar, Vennampatti Road, Dharmapuri Town, Dharmapuri Taluk and District. 4. Muthuvedi (Died) 5. Chinnasamy S/o.Late.Chinnamadhu alias Madhu, Residing At No.3/114, Ramarkoodal Village, Pangunatham Post, Dharmapuri District 636803 Page2 of 7 6. Ayammal D/o.Late.Chinnamadhu alias Madhu, No.2/184, Karungal Medu, Koothapadi Village And Post, Pennagaram Taluk, Dharmapuri District 636810 7. Murugesan S/o.Chinnamadhu alias Madhu, No.1/284, Konangihalli Echanahalli Village, Pennagaram Taluk, Dharmapuri District 636813 8. Selvi D/o.Late.Chinnamadhu alias Madhu, No.280, Santharapatti Village, Pennanagaram Post, Pennagaram Taluk, Dharmapudi District 636803 9. Nagajothi D/o.Late.Chinnamadhu alias Madhu, W/o.Vadivel, No.1/88, Chinna Pungunatham Village, Rajagollahalli Post, Pennagaram Taluk, Dharmapuri District 636813 ..Appellant(s) Vs 1. United India Insurance Company Ltd Divisional Office,Tuticorin, 457, Victoria Extension Road, Tuticcorin, Tamil Nadu 628 002. 2. C.Balaji S/o. Chinnaraj, No.5/295, Nadur Village, Bommidi Post,B.Thurinjipatti, Pappiredipatti Taluk, Dharmapuri District - 635 301. ..Respondent(s) Page3 of 7 CMA No. 514 of 2021 United India Insurance Company Ltd Divisional Office, Tuticorin, 457, Victoria Extension Road, Tuticcorin, Tamil Nadu State 628 002. ..Appellant(s) Vs 1. Sathya W/o. Late. Chinnapaiyan, No.1/101-e, Bharathamatha Theru, Viswanathan Nagar, Vennampatti Road, Dharmapuri Town, Dharmapuri Tk And Dt. 2. Santhosh S/o. Late. Chinnapaiyan, No.1/101-e, Bharathamatha Theru, Viswanathan Nagar, Vennampatti Road, Dharmapuri Town, Dharmapuri Tk And Dt. 3. Sathish S/o. Late. Chinnapaiyan, No.1/101-e, Bharathamatha Theru, Viswanathan Nagar, Vennampatti Road, Dharmapuri Town, Dharmapuri Tk And Dt. 4. Muthuvedi(died) W/o. Late. Nadugounder @ Madhu, No.1/101- e, Bharathamatha Theru, Viswanathan Nagar, Vennampatti Road, Dharmapuri Town, Dharmapuri Tk And Dt. 5. C. Balaji S/o. Chinnaraj, 5/295, Nadur Village, Bommidi Post, B. Thurinjipatti, Pappiredipatti Tk, Dharmapuri Dt. 6. Chinnasamy S/o.Late.Chinnamadhu @ Madhu, residing at No.3/114, Ramarkoodal Village, Pangunatham Post, Dharmapuri District 636803 7. Ayammal D/o.Late.Chinnamadhu @ Madhu, W/o.Raja, No.2/184, Karungal Medu, Koothapadi Village and Post, Pennagaram Taluk, Page4 of 7 Dharmapuri District 636810 8. Murugesan S/o.Chinnamadhu @ Madhu, No.1/284, Konangihalli Echanahalli Pennagaram Taluk, Dharmapuri District 636813 9. Selvi D/o.Late.Chinnamadhu @ Madhu, Wife of Chinnavan, No.280, Santharapatti Village, Pennanagaram Post, Pennagaram Taluk, Dharmapudi District 636803 10. Nagajothi D/o.Late.Chinnamadhu @ Madhu, W/o.Vadivel, No.1/88, Chinna Pungunatham Village, Rajagollahalli Post, Pennanagaram Taluk, Dharmapuri District 636813 (4th Respondent died. Respondents 6 to 10 brought on record as LRs of the deceased R-4 Viz.Muthuvedi vide court order dated.04/08/2023 made in CMP Nos.18634,18636 and 18639 of 2022 in CMA No.514 of 2021 by RSMJ and VLNJ.) ..Respondent(s) To modify the judgment and decree in C.M.A.No.514 of 2021 dated 12.04.2024 only with regard to apportionment of award amount along with accrued interest pertaining to deceased Muthuvedi among the petitioners herein being her Legal Heirs namely for the Petitioner No.1-3 each 1/18 share, and for the Petitioner No.5-9 each 3/18 share and thus render justice. CMA No. 514 of 2021 Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act aga