Madras High CourtCMP(MD)/2737/2026ordered

A. Natarajan v. The National Insurance Company Limited,

2026-03-26Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26-03-2026

CORAM

THE HONOURABLE MR JUSTICE K.MURALI SHANKAR CMP(MD) No.2737 of 2026 in CMA(MD) No.1301 of 2024 1.A.Natarajan 2.N.Kavitha Petitioners/ Respondents 1 & 2/ Petitioners 1 & 2 Vs 1.The National Insurance Company Limited, represented by its Branch Manager, No.33, Promenade road, Cantonment, Tiruchirappalli-621001.

1st Respondent/ Appellant/ 2nd Respondent 2.A.Natesan 2nd Respondent/ 3rd Respondent/ 1st Respondent Prayer in CMP(MD)No.2737 of 2026 : This Civil Miscellaneous Petition filed under Section 151 of Civil Procedure Code praying to allow this petition and thereby permit the petitioners to withdraw the entire deposited award amount with proportionate accrued interest and costs which was deposited by the first respondent in M.C.O.P.No. 1/3

143 of 2023 on the file of the Motor Accident Claims Tribunal / Sub Court, Musiri, Tiruchirappalli.

Prayer in CMA(MD)No.1301 of 2024 : This Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicle Act praying to set aside the award passed in M.C.O.P.No.143 of 2023 dated 15.04.2024 on the file of the Motor Accident Claims Tribunal, Sub Court, Musiri and allow the appeal with costs. For Petitioners: Mr.N.Sudhagar Nagaraj, Advocate For Respondents: Mr.J.S.Murali, Advocate for R1 No appearance for R2

ORDER

The above petition has been filed seeking orders to permit the petitioners to withdraw the amount that was deposited by the first respondent in pursuance of the direction of this Court.

2. No representation for the second respondent.

3. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the first respondent.

4. It is evident from the records that as per the order of this Court dated 15.10.2024 passed in C.M.P.(MD)No.13929 of 2024, the first respondent deposited 50% of the award amount to the credit of M.C.O.P.No.143 of 2023 on the file of the Motor Accident Claims Tribunal / Subordinate Court, Musiri.

5. Considering the facts and circumstances and also taking note of the 2/3

submissions made on either side, the petitioners are permitted to withdraw 50% of the amount deposited by the first respondent (i.e., 25% of the entire amount) to the credit of M.C.O.P.No.143 of 2023 on the file of the Motor Accident Claims Tribunal / Subordinate Court, Musiri, as per the apportionment fixed by the Tribunal on filing necessary application before the Tribunal.

6. Accordingly, this petition is ordered.

26-03-2026 CSM To 1.The Subordinate Judge, Motor Accident Claims Tribunal, Musiri, Tiruchirappalli.

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