Madras High CourtCMP(MD)/6106/2026ordered

Sivakumar (Died) 1.Nandhini v. Sbi General Insurance Company Limited

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

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

CORAM

THE HONOURABLE MR JUSTICE K.MURALI SHANKAR CMP(MD) No.6106 of 2026 in CMA(MD) No.1666 of 2024 Sivakumar (died) 1.Nandhini 2.Sailesh (Minor) 3.Kayal (Minor) : Petitioners (Minor petitioners represented by the first petitioner mother Nandhini) Vs.

1.SBI General Insurance Company Limited, 2nd Floor Ward No.A1 Block No.15, TSO 949-10 Door No.104, Excellence Building Race Course Road, Coimbatore.

2.Jamuna 3.Nadrajan 4.P.K.Vasudevan : Respondents Prayer in CMP(MD)No.6106 of 2026 : This Civil Miscellaneous Petition filed under Section 151 of Civil Procedure Code praying to allow this petition and thereby permit the petitioners to withdraw 50% of the deposited award amount lying in M.C.O.P. No.50 of 2018 on the file of the Motor Accident Claims Tribunal, Sub Court, Thuraiyur. 1/3

Prayer in CMA(MD)No.1666 of 2024 : This Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicle Act praying to set aside the award passed in M.C.O.P.No.50 of 2018 dated 09.11.2023 on the file of the Motor Accident Claims Tribunal, Sub Court, Thuraiyur.

For Petitioners: Mr.J.Anandkumar, Advocate For Respondents: Mr.N.Shylappa Kalyan, for R1.

ORDER

The above petition has been filed seeking orders to permit the petitioners to withdraw 50% of the deposited award amount lying in M.C.O.P.No.50 of 2018 on the file of the Motor Accident Claims Tribunal, Sub Court, Thuraiyur.

2. It is seen from the records that in pursuance of the directions of the trial Court, the first/Insurance Company has deposited the entire award amount with interest and cost. Now the petitioners/claimants have filed the above application seeking permission to withdraw the amount.

3. The learned counsel for the first respondent/appellant would submit that they are not having objections to withdraw 50% of the deposited amount.

4. Heard both sides and perused the materials available on records. 5.Considering the facts and circumstances of the case and also the reasons assigned, this Court is inclined to grant permission. The first petitioner is permitted to withdraw 50% of the award amount, as apportioned by the Tribunal, which is lying to 2/3

the credit of M.C.O.P.No.50 of 2018 on the file of the Motor Accident Claims Tribunal, Sub Court, Thuraiyur and the share of the minor petitioners shall be deposited in any one of the Nationalized Banks till they attain majority.

6. Accordingly, this petition is ordered.

04-06-2026 das To The Motor Accident Claims Tribunal, Sub Court, Thuraiyur.

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