Stay extended HONOURABLE DR JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR C.M.P.No.15459 of 2025 in C.M.A.No.678 of 2025 S. Murali Vs. 1. Reliance General Insurance Co.Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-11-2025
CORAM
THE HONOURABLE DR JUSTICE G. JAYACHANDRAN
AND
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
C.M.P.No.15459 of 2025 in
C.M.A.No.678 of 2025
S. Murali
Vs.
1. Reliance General Insurance Co.Ltd.,
570, Rectifier House, Naigaum, Cross Road, Wadala (W)
Mumbai 400 031, Service Branch office Reliance General
Insurance Co Ltd, 3rd Floor, No.29, North Usman Road,
T.Nagar, Chennai 600 017. Address for service at Reliance General Insurance Co Ltd, NO.6, Reliance House, 6th Floor, Haddows Road, Nungambakkam Chennai 600 034.
2. Mr.V.Lakshmi Narayanan,
3. Mr.S.Maruthachalamoorthy, … Respondent(s)
For Appellant(s): Mr.R.Imayavaramban, for Ramalingam and Associates
For Respondent(s): Mr.Sree Vidhya, for R1
No appearance, for R2
ORDER
(Order of the Court was made by G.Jayachandran J.)
It is a case where the Motor Accident Claims Tribunal awarded a sum of
Rs.35,88,000/- as compensation to the accident victim and directed the Insurance Company to pay the award amount with 7.5% interest.
2. The Insurance Company filed appeal C.M.A.No.678 of 2025 against the award and also sought for stay of execution of the award in their C.M.P.No.5405 of 2025. This Court, on considering the grounds of appeal, directed the Insurance Company to deposit the award amount within a period of four weeks from 17.03.2025 and on such deposit being made, the respondents/claimants were permitted to withdraw 50% of the award amount and insofar as the remaining 50% is concerned, ordered to be in deposit. On such condition, interim stay was granted.
3. The Learned Counsel for the respondent/claimant is before this Court stating that in the award itself, there is a specific direction by the Tribunal to deposit the compensation amount in the account of Registrar, (MACT), Court of Small Causes, Chennai Account No.7103261207 IFSC No.IDIB000M157,
Indian Bank, Madras High Court Branch, Chennai. However, till today, the Insurance Company/Appellant has not complied the conditional order passed by this Court on 17.03.2025 and further he has filed an application to vacate the interim stay granted by this Court on 17.03.2025. The said miscellaneous petition to vacate stay petition is numbered as C.M.P.No.15459 of 2025 and under consideration. When the mater came for consider thrice earlier, it was brought to the notice by the Learned Counsel for the respondent that the conditional order dated 17.03.2025 to deposit the award amount not been complied with and the money is found not deposited in the above-said account.
4. It was represented by the Learned Counsel for the insurance company that the money already been deposited as per the order of this Court. However, it is found that no money deposited in the account mentioned and it is again affirmed and asserted by the Learned Counsel appearing for the claimant that the Insurance Company has not deposited the compensation amount to enable the claimant to withdraw 50% of it. Thereby, the claimant is put to great peril and hardship by the Insurance Company due to the non-compliance of the interim order.
5. A different Counsel who is appearing for the Insurance Company today again asserted that the money is deposited in the account as per the order of this Court.
6. This Court is of the view that the Reliance General Insurance Co., Ltd, who is the appellant (C.M.A.No.678 of 2025) before this Court deliberately to avoid the compliance of the Tribunal award and the interim order passed by this Court has not deposited the compensation amount in the account and making false representations to the Court.
7. Hence, to prevent the ends of justice from being defeated, we invoke the power under Section 94 of C.P.C., and Section 151 of C.P.C., issues warrant of arrest to Thiru.GB.Saravanabhavan who has filed the sworn Affidavit accompanying the stay petition on behalf of the Reliance General Insurance Co., having its Service Branch Office at 3rd Floor, No. 39, North Usman Road,
T.Nagar, Chennai – 600 017 and carrying on service at No.6, Reliance House, 6th Floor, Haddows Road, Nungambakkam, Chennai Branch. Since the
disobedience in complying the interim order is with ulterior motive to defeat the interest of the claimant from getting the benefit of the award passed by the Tribunal on 30.08.2023, Thiru.GB.Saravanabhavan is directed to be produce before this Court on 19.11.2025 at 10.30 a.m to answer why action not be taken against him for disobedience of the order dated 17.03.2025.
8. In view of the above facts, the stay already granted by this Court on
17.03.2025 in C.M.P.No.5405 of 2025 stands vacated and C.M.P.No.15459 of 2025 is allowed.
9. Post this matter on 19.11.2025.
(G.JAYACHANDRAN J.)(MUMMINENI SUDHEER KUMAR J.)
12/11/25
Note: Registry is directed to issue an arrest memo forthwith.
Index:Yes/No
Internet:Yes
Neutral Citation:Yes/No
G.JAYACHANDRAN J.
AND MUMMINENI SUDHEER KUMAR J. bsm
C.M.P.No.15459 of 2025 in C.M.A.No.678 of 2025 12/11/25