Madras High CourtCMP(MD)/4307/2026disposed of

K.Mangaiyarkarasi v. The Branch Manager

2026-04-08Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justice K.K. Ramakrishnan4 pages

CMP(MD) NO. 4307 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08-04-2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND THE HONOURABLE MR JUSTICE K.K. RAMAKRISHNAN CMP(MD) NO. 4307 of 2026 in CMA(MD).No.296 of 2026 1.K.Mangaiyarkarasi 2.K.Jayapalraj 3.K.Kalaiyarasi 4.K.Kalaiselvi 5.K.Kalaivani Petitioner(s) Vs The Branch Manager National Insurance Company Ltd Kumbakonam.

2.Ajai 3.Rajan Respondent(s)

For Petitioner(s):

Mr.G. Ganeshkumar For Respondent(s):

Mr.J.S.Murali Prayer:

To pass necessary orders by allowing this petition and thereby permitting the petitioner to withdraw the award amount together with interest and costs deposited by the insurance company in M.C.O.P.263/2021 on the file of the Motor Accidents Claim Tribunal Cum Principal Subordinate Judge, Kumbakonam and render justice.

ORDER

(Order of the Court was made by the Hon'ble N.Anand Venkatesh J.) This petition has been filed by the claimants seeking for the permission of this Court to withdraw the award amount along with the accrued interest which has been deposited by the Insurance Company pursuant to the interim order passed by this Court on 27.02.2026.

2. Heard the learned counsel on either side.

3. The learned counsel appearing for the Insurance Company submitted that this is a case where a minor had driven a two-wheeler and has caused an accident. In spite of the same, the Tribunal had imposed the entire compensation against the Insurance Company and ordered for pay and recovery.

4. Considering the objections raised by the learned counsel appearing for the Insurance Company and taking note of the submissions made by the learned counsel appearing for the claimants, we are inclined to permit the petitioners in this petition to withdraw 50% out of the amount that has been deposited by the appellant along with the accrued interest pursuant to the interim order passed by this Court, in the proportion as ordered by the Tribunal.

4. This petition is disposed of in the above terms. (N.ANAND VENKATESH J.) (K.K.RAMAKRISHNAN J.) 08-04-2026 TSG

To Motor Accidents Claim Tribunal Cum Principal Subordinate Judge, Kumbakonam.