Madras High CourtCMP(MD)/10231/2025ordered

Shunmugarajan v. Rajesh Inigo

2026-04-16Honourable Mr Justice K.Murali Shankar2 pages

CMP(MD)No.10231 of 2025 in CMA(MD)No.1023 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16-04-2026

CORAM

THE HONOURABLE MR JUSTICE K.MURALI SHANKAR CMP(MD) No.10231 of 2025 in CMA(MD) No.1023 of 2024 Shanmugarajan : Petitioner Vs Rajesh Inigo : Respondent Prayer in CMP(MD)No.10231 of 2025 : This Civil Miscellaneous Petition filed under Section 151 of Civil Procedure Code, praying to allow this petition and thereby permit the petitioner to withdraw the entire award amount along with interest to the credit of in M.C.O.P.No.2163 of 2019 on the file of the Motor Accident Claims Tribunal, (Special Sub Court dealing with M.C.O.P cases) Tirunelveli. Prayer in CMA(MD)No.1023 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.2163 of 2019 on the file of the Motor Accident Claims Tribunal,(Special Sub Court dealing with M.C.O.P cases) Tirunelveli. For Petitioner : Mr.G.Mohan Kumar, For Respondent: Mr.V.Meenakshi Sundaram.

ORDER

This Civil Miscellaneous Petition has been filed seeking orders to permit the petitioner to withdraw the deposited amount by the respondent/appellant into the credit of M.C.O.P.No.2163 of 2019 on the file of the Motor Accident Claims Tribunal, (Special Sub Court dealing with M.C.O.P cases) Tirunelveli. 1/2 https://www.mhc.tn.gov.in/judis

CMP(MD)No.10231 of 2025 in CMA(MD)No.1023 of 2024 2.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

3. It is evident from the records that as per the order of this Court dated 20.01.2025 passed in C.M.A(MD)No.1023 of 2024, the respondent deposited 50% of the award amount to the credit of M.C.O.P.No.2163 of 2019 on the file of the Motor Accident Claims Tribunal,(Special Sub Court dealing with M.C.O.P cases) Tirunelveli. Now the claimant has filed the above application seeking permission to withdraw the amount.

4.Considering the facts and circumstances and also taking note of the submissions made on either side, the petitioner is permitted to withdraw 50% of the amount deposited by the respondent (i.e., 25% of the entire amount), with interest and costs, which is lying in the credit of M.C.O.P.No.2163 of 2019 on the file of the Motor Accident Claims Tribunal,(Special Sub Court dealing with M.C.O.P cases) Tirunelveli, on filing necessary application before the Tribunal.

5. Accordingly, this petition is ordered.

16-04-2026 das To 1.The Motor Accident Claims Tribunal, (Special Sub Court dealing with M.C.O.P cases) Tirunelveli. 2/2 https://www.mhc.tn.gov.in/judis