Madras High CourtCMP(MD)/4042/2026ordered

Kumarasamy v. The Managing Director

2026-04-06Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06-04-2026

CORAM

THE HONOURABLE MR JUSTICE K.MURALI SHANKAR CMP(MD) No.4042 of 2026 in CMA(MD) No.1148 of 2025 Kumarasamy Petitioner/ Respondent Vs The Managing Director, Tamil Nadu State Transport Corporation Limited, Bye-pass Road, Madurai.

Respondent/ Appellant Prayer in CMP(MD)No.4042 of 2026 : This Civil Miscellaneous Petition filed under Section 151 of Civil Procedure Code praying to withdraw the 50% of the awarded amount along with accrued interest and cost, deposited by the respondent herein in M.C.O.P.No.1440 of 2019 on the file of the Motor Accident Claims Tribunal / Special Sub Court, Madurai pending disposal of the above appeal. Prayer in CMA(MD)No.1148 of 2025 : This Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act praying to set aside the award made in M.C.O.P.No. 1440 of 2019 dated 07.08.2023 on the file of the Motor Accident Claims Tribunal cum Special Sub Court, Madurai and allow the appeal with costs. 1/3

For Petitioner:

Mr.K.Kumaravel, Advocate For Respondent: Mr.S.Michael Heldon Kumar, Advocate

ORDER

The above petition has been filed seeking orders to permit the petitioner to withdraw 50% of the award amount with accrued interest and costs which was deposited by the respondent / Transport Corporation.

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

3. It is evident from the records that this Court in C.M.P.(MD)No.16185 of 2025 vide order dated 09.10.2025 directed the respondent to deposit the entire award amount together with accrued interest and costs to the credit of M.C.O.P.No.1440 of 2019 on the file of the Motor Accident Claims Tribunal / Principal Sub Court, Madurai. In pursuance of the said direction, the respondent deposited the entire award amount together with accrued interest and costs.

4. The learned counsel appearing for the respondent would submit that they are not having any objections.

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5. Considering the submissions made on either side, the petitioner is permitted to withdraw 50% of the award amount with accrued interest and costs that was deposited by the respondent on filing necessary application before the Tribunal.

6. Accordingly, this petition is ordered.

06-04-2026 CSM To 1.The Special Sub Judge, Motor Accident Claims Tribunal, Madurai.

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