V.Surya v. The Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01-06-2026
CORAM
THE HONOURABLE MR JUSTICE K.MURALI SHANKAR CMP(MD) No.5563 of 2026 in CMA(MD) No.1108 of 2025 1.V.Surya 2.Minor.V.Pugalvendhan 3.Minor.V.Dharshan (petitioners 2 and 3 are represented through Natural guardian / 1st petitioner) Petitioners/ Respondents 1 to 3 Vs 1.The Manager, United India Insurance Company Ltd., Near Aranmanai Vasal, 89, Neethipathi Rajasekaran Salai, Sivagangai Town, Sivagangai District.
1st Respondent/ Appellant 2.The District Supervising Engineer, Tamil Nadu Electricity Board, Sivagangai.
(Notice to R2 is dispensed with, vide Court order dated 26.09.2025 made in CMA(MD)No.1108 of 2025) 3.N.Bose Respondents 2 & 3/ Respondents 4 & 5 1/3
Prayer in CMP(MD)No.5563 of 2026 : This Civil Miscellaneous Petition filed under Section 151 of Civil Procedure Code praying to permit the petitioner / first respondent to withdraw the 75% of her share amount on Rs.20,55,000/- with proportionate interest and cost out of 75% awarded amount of Rs.34,55,882/- deposited by the respondent / appellant to the credit of M.C.O.P.No.58 of 2021 on the file of Motor Accident Claims Tribunal / Principal District Court at Sivagangai. Prayer in CMA(MD)No.1108 of 2025 : This Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act praying to set aside the award passed in M.C.O.P.No.58 of 2021 dated 03.07.2024 on the file of the Motor Accident Claims Tribunal, Principal District Court, Sivagangai and allow the appeal with costs. For Petitioners: Mr.A.Saravanan, Advocate For Respondents: Mr.J.S.Mural, Advocate for R1 Mr.B.Prahalad Ravi, Advocate for R3
ORDER
The above petition has been filed seeking orders to permit the first petitioner to withdraw 75% of her share amount of Rs.20,55,000/- with proportionate interest and cost.
2. Heard the learned counsel on either side.
3. The learned counsel appearing for the first respondent would submit that they have admitted the liability to the tune of Rs.22,00,000/- and that they are not having objections to withdraw the said amount.
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4. It is evident from the records that this Court in C.M.P.(MD)No.15796 of 2025 vide order dated 26.09.2025 directed the first respondent to deposit 75% of the award amount together with accrued interest and costs to the credit of M.C.O.P.No.58 of 2021 on the file of the Motor Accident Claims Tribunal / Principal District Court, Sivagangai. In pursuance of the said direction, the first respondent deposited the said amount.
5. Considering the above, the first petitioner is permitted to withdraw her share amount of Rs.20,55,000/- with accrued interest and costs that was deposited by the first respondent before the Tribunal.
6. Accordingly, this petition is ordered.
01-06-2026 CSM To 1.The Principal District Judge, Motor Accident Claims Tribunal, Sivagangai.
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