Kavithamani v. The Divisional Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04-07-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN IN CMA(MD) NO.1686 of 2024 Kavithamani W/o. Late. Baskar, Besto Nagar, Kumarappatti, Manapparai taluk, Trichy District. Minor. B.Sri Vishnupathi (Died) Petitioner(s) Vs

1. The Divisional Manager M/s. United India Insurance Company Limited, No.2, Buwaneswari Complex, Doctor Sankaran Road, Namakkal 637 001.

2. Sethanmarai W/o. Natarajan, No.2/56, Udaiyar Theru, Pattanam Post, Namakkal District.

3. Chinnadurai s/o. Natarajan, No.2/56, Udaiyar Theru, Pattanam Post, Namakkal District.

4. Baskar S/o. Natarajan, No.2/56, Udaiyar Theru, Pattanam Post, Namakkal District.

5. Pappathi W/o. Chinnasamy, No.2/56, Udaiyar Theru, Pattanam Post, Namakkal District. Respondent(s) Prayer:This petition is filed under Section 151 of C.P.C., praying to permit the 1/3

petitioner to withdraw the amount of Rs.36,45,543/- with accrued interest which deposited by the first respondent before the Motor Accident Claims Tribunal, Special District Judge to deal with MCOP Cases, Tiruchirappalli in MCOP No.896 of 2016.

For Petitioner(s):

R. Ramachandran I.Santhiyanantham For Respondent(s): Mr.N.Dilipkumar, for R1 for R2 to R5 - No appearance

ORDER

(Order of the Court was made by the Hon'ble A.D.JAGADISH CHANDIRA J.) This petition is filed to to withdraw the amount of Rs.36,45,543/- with accrued interest which deposited by the first respondent before the Motor Accident Claims Tribunal, Special District Judge to deal with MCOP Cases, Tiruchirappalli in MCOP No.896 of 2016.

2.Heard.

3.The petitioners / claimants 1, 3 and 4 are entitled to withdraw 50% of the deposited amount. Accordingly, the petitioners 1, 3 and 4 are permitted to withdraw their share as apportioned by the Tribunal. Since the second petitioner is the minor, in respect of his share in the deposited amount, the same shall be deposited in any one of the nationalized bank in a fixed deposit, initially for a period of three years and renewable thereafter, till he attains majority. The first respondent/Mother, who 2/3

is the natural guardian of the minor claimant is permitted to withdraw the accrued interest, once in three months directly from the bank and utilize the same for their welfare.

4.Accordingly, this petition is allowed.

sd/- 04/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

ns TO THE SPECIAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUCHIRAPPALLI.

+1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-7257[I] dated 08/07/2025 )

ORDER

IN IN CMA(MD) NO.1686 of 2024 Date :04/07/2025 NBF/09.07.2025 3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3