Madras High CourtCMP(MD)/13433/2025ordered

Rabiyath Basirya v. The Divisional Manager

2026-04-10Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10-04-2026

CORAM

THE HONOURABLE MR JUSTICE K.MURALI SHANKAR C.M.P(MD) No.13433 of 2025 in C.M.A(MD)No.306 of 2025 Rabiyath Basirya : Petitioner Vs 1.The Divisional Manager, M/s.Oriental Insurance Company Ltd., TP Hub, 2nd Floor, No.4, Bharathithasan Salai, Cantonment, Trichy -1.

2.D.L.Sivakami : Respondents Civil Miscellaneous Petition filed under Section 151 of C.P.C., to permit the petitioner to withdraw the 50% of the award amount along with accrued interest deposited to the credit of M.C.O.P.No.70 of 2020 on the file of the Motor Accident Claims Tribunal (III Additional Sub Court) Trichy.

For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.C.Karthik, for R1.

: No Appearance, for R2.

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ORDER

This Civil Miscellaneous Petition has been filed seeking orders to permit the petitioner to withdraw the 50% of the award amount along with accrued interest deposited to the credit of M.C.O.P.No.70 of 2020 on the file of the Motor Accident Claims Tribunal (III Additional Sub Court) Trichy. 2.It is seen from the records that this Court while granting interim stay, directed the first respondent/appellant to deposit 50% of the award amount to the credit of M.C.O.P.No.70 of 2020 on the file of the Motor Accident Claims Tribunal (III Additional Sub Court) Trichy and in pursuance of the same, the first respondent/appellant deposited the amount. Now the claimant has filed the above application seeking permission to withdraw the amount.

3. The learned counsel appearing for the first respondent/appellant would submit that they have no objection for the claimant to withdraw the admitted liability amount.

4. Heard the learned counsel for the petitioner as well as the learned counsel appearing for the first respondent and also 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. Accordingly, this petition is 2/3

ordered and the petitioner is permitted to withdraw the admitted amount of Rs.1,45,910.50/- with interest and costs, which is lying in the credit of M.C.O.P.No.70 of 2020 on the file of the Motor Accident Claims Tribunal (III Additional Sub Court) Trichy, on filing necessary application before the Tribunal. 10-04-2026 das To Motor Accident Claims Tribunal (III Additional Sub Court) Trichy.

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