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Madras High CourtCMP(MD)/2318/2026ordered

Vaikundarajan, v. The Branch Manager,

2026-03-06Honourable Mr Justice K.Murali Shankar2 pages

CMP(MD)No.2318 of 2026 in CMA(MD)No.843 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06-03-2026

CORAM

THE HONOURABLE MR JUSTICE K.MURALI SHANKAR CMP(MD)No.2318 of 2026 in CMA(MD)No.843 of 2025 Vaikundarajan Petitioner/ 1st Respondent Vs 1.The Branch Manager, Reliance General Insurance Company Limited, South Byepass Road, Vannarpettai, Tirunelveli.

1st Respondent/ Appellant 2.Rajesh 2nd Respondent/ 2nd Respondent Prayer in CMP(MD)No.2318 of 2026 : This Civil Miscellaneous Petition filed under Section 151 C.P.C. praying to permit the petitioner to withdraw 50% of the entire deposited amount along with the accrued interest to credit of M.C.O.P.No.197 of 2014 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Vallioor, Pending disposal of the above civil miscellaneous petition. Prayer in CMA(MD)No.843 of 2025 : This Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act 1988 praying to set aside the judgment and decree in M.C.O.P.No.197 of 2014 dated 31.10.2022 on the file of the Motor Accidents Claims Tribunal, Subordinate Court, Vallioor and allow the appeal with costs. 1/2 https://www.mhc.tn.gov.in/judis

CMP(MD)No.2318 of 2026 in CMA(MD)No.843 of 2025 For Petitioner:

Mr.M.Laxmi Mahendraa, Advocate For Respondents: Mr.J.S.Murali, Advocate for R1 R2 - Dispensed with

ORDER

The above petition has been filed seeking permission to withdraw 50% of the amount with accrued interest and costs, which was deposited by the first respondent / Insurance Company.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the first respondent.

3. The learned counsel appearing for the first respondent would submit that they are having objections for granting the permission.

4. Considering the facts and circumstances and also the fact that the first respondent / Insurance Company has already deposited the entire amount, the petitioner is permitted to withdraw 50% of the award amount with accrued interest and costs that was deposited by the first respondent / Insurance Company before the Tribunal on filing necessary application.

5. In the result, this petition is ordered.

06-03-2026 CSM To 1.The Subordinate Judge, Motor Accident Claims Tribunal, Valliyoor.

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