Madras High CourtCMP(MD)/2861/2026allowed

Saleem v. The Branch Manager,

2026-03-10Honourable Mr Justice N. Anand Venkatesh,Honourable Mr. Justice P.Dhanabal2 pages

CMP(MD) NO. 2861 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10-03-2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND THE HONOURABLE MR. JUSTICE P.DHANABAL CMP(MD) No.2861 of 2026 in C.M.A(MD) No.208 of 2026 Saleem Petitioner(s) Vs 1.The Branch Manager, The New India Assurance Co.Ltd.

Old No.147, New No.186 High Sports Building Salai Street, Ramanathapuram.

2.The Divisional Manager National Insurance company Limited Post Box No.225 3, North Veli Street 2nd Floor, Madurai.

3.Shanmugaraj Respondent(s) For Petitioner(s):

M/s.Gopika.M For Respondent(s):

Mr.G.Prabhu Rajadurai for R1 No appearance for R2 Prayer:

To permit the petitioner to withdraw 50 percent of award amount of Rs.10,93,245/- along with accrued interest deposited to the credit of MCOP.No.3 of 2020 on the file of the Motor Accident Claims Tribunal/ Chief Judicial Magistrate, Ramanathapuram, Ramanathapuram District.

https://www.mhc.tn.gov.in/judis

ORDER

(Order of the Court was made by the Hon'ble N.Anand Venkatesh J.) This Civil Miscellaneous Petition has been filed by the claimant seeking withdrawal of 50% of the award amount of Rs.10,93,245/-, along with accrued interest, deposited to the credit of MCOP No.3 of 2020 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Ramanathapuram, Ramanathapuram District.

2. We have heard the learned counsel appearing for the petitioner and the learned counsel appearing for the first respondent.

3. There is no appearance on behalf of the second respondent.

4. The learned counsel for the first respondent/Insurance Company submitted that the Insurance Company has questioned the award on the ground of negligence as well as quantum. He further submitted that the claimant was also a tortfeasor and therefore, the auto had hit against the lorry since the auto was driven in a rash and negligent manner. Hence, the FIR as well as the final report was filed against the petitioner / claimant.

5. In our considered view, the issue regarding contributory negligence on the part of the claimant can be gone into at the time of final hearing. For the present, we are inclined to permit the petitioner to withdraw 50% of the award amount along with accrued interest.

6. Accordingly, this Civil Miscellaneous Petition is allowed as prayed for. No costs. (N.ANAND VENKATESH J.) (P.DHANABAL J.) 10-03-2026 Indu https://www.mhc.tn.gov.in/judis