Kandasamy, v. The Bajaj Allianz General Insurance Company Ltd.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09-06-2026
CORAM
THE HONOURABLE MR JUSTICE K.MURALI SHANKAR CMP(MD) No.5952 of 2026 in CMA(MD) No.364 of 2026 Kandasamy Petitioner/ 1st Respondent Vs 1.The Bajaj Allianz General Insurance Company Ltd., No.1649, South Main Street, Universall Mobile Show room, Thanjavur-9.
1st Respondent/ Appellant 2.Patel Infrastructure Ltd., No.26/1, Patteeswaram Road, Sundaraperumal Koil, Kumbakonam Taluk-614208.
2nd Respondent/ 2nd Respondent Prayer in CMP(MD)No.5952 of 2026 : This Civil Miscellaneous Petition filed under Section 151 of Civil Procedure Code praying to permit the petitioner to withdraw the deposited entire award amount with interest which was deposited by the first respondent 1/3
/ appellant in M.C.O.P.No.657 of 2024 on the file of Motor Accident Claims Tribunal / Special Subordinate Judge of Thanjavur.
Prayer in CMA(MD)No. of 2025 : This Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act praying to set aside the award dated 12.11.2025 passed in M.C.O.P.No.657 of 2024 on the file of the Motor Accident Claims Tribunal / Special Subordinate Judge of Thanjavur by allowing this appeal. For Petitioner:
Mr.P.Edin Brough, Advocate For Respondents: Mr.V.Sakthivel, Advocate for R1 No appearance for R2
ORDER
The above petition has been filed seeking orders to permit the petitioner to withdraw the entire award amount with accrued interest and costs, which was deposited by the first respondent / Insurance Company.
2. Heard the learned counsel on either side.
3. It is evident from the records that this Court in C.M.P.(MD)No.3457 of 2026 vide order dated 18.03.2026 directed the first respondent to deposit the entire award amount together with interest and costs to the credit of M.C.O.P.No.657 of 2024 on the file of the Motor Accident Claims Tribunal / Special Subordinate Court, Thanjavur. In pursuance of the said direction, the first respondent deposited the entire award amount together with interest and costs.
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4. The learned counsel appearing for the first respondent would submit that the petitioner may be permitted to withdraw 50% of the award amount.
5. Considering the facts and circumstances and also the submissions made on either side, the petitioner is permitted to withdraw 50% of the award amount with accrued interest and costs on filing necessary application before the Tribunal.
6. Accordingly, this petition is ordered.
09-06-2026 CSM To 1.The Special Subordinate Judge, Motor Accident Claims Tribunal, Thanjavur.
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