Madras High CourtCMP(MD)/9514/2025allowed

Hariharan v. The Divisional Manager

2026-01-08Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08-01-2026

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI in CMA(MD) NO. 315 of 2025 Hariharan Petitioner(s) Vs 1.The Divisional Manager, M/s.Oriental Insurance Company Ltd., Bangoor Dharmasala Building, 3rd Floor, No.6A, West Veli Veethi, Madurai - 625001.

2.M/s.K.R.S.Builders, No.134C, Chellathamman Kovil Street, Managiri, K.K.Nagar, Madurai - 625 020.

Respondent(s) For Petitioner(s):

Mr.Selvakumaran T, Advocate For Respondent(s):

Mr.C.Jawahar Ravindran, Advocate for R1 Prayer : Civil Miscellaneous Petition is filed to permit the petitioner to withdraw 50 % of the entire deposited amount along with the accrued 1/4

interest to credit of M.C.O.P.No.1592 of 2022 on the file of Motor Accident Claims Tribunal (Special Sub Court), Madurai, pending disposal of the above Civil Miscellaneous Appeal.

ORDER

This Civil Miscellaneous Petition has been filed seeking permission for the petitioner to withdraw 50% of the entire deposited amount, along with accrued interest and costs, to the credit of M.C.O.P. No.1592 of 2022 on the file of the Motor Accident Claims Tribunal (Special Sub Court), Madurai, pending disposal of the above Civil Miscellaneous Appeal.

2. Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent/Insurance Company, and perused the affidavit filed in support of this petition.

3. The learned counsel for the 1st respondent submitted that the total amount claimed by the petitioner was Rs.25,00,000/- (Rupees Twenty Five Lakhs only). However, the learned Tribunal awarded a sum of Rs.29,46,840/- (Rupees Twenty Nine Lakhs Forty Six Thousand Eight 2/4

Hundred and Forty only), and the admitted liability is Rs.9,46,840/- (Rupees Nine Lakhs Forty Six Thousand Eight Hundred and Forty only). Therefore, the petitioner is entitled to withdraw only the admitted liability amount of Rs.9,46,840/- (Rupees Nine Lakhs Forty Six Thousand Eight Hundred and Forty only), along with proportionate interest and costs.

4. Considering the facts and circumstances of the case and being satisfied with the reasons stated in the affidavit, this Court is inclined to allow this petition.

5. Accordingly, this Civil Miscellaneous Petition is allowed. The petitioner is permitted to withdraw 50% of the entire deposited amount, along with proportionate interest and costs, by filing a necessary application before the Motor Accident Claims Tribunal / Special Sub Court, Madurai.

08-01-2026 (1/2) mkn 3/4

P.VADAMALAI, J.

mkn To The Motor Accident Claims Tribunal / Special Sub Court, Madurai. in CMA(MD) NO. 315 of 2025 08.01.2026 (1/2) 4/4