Esakkimuthu v. The Divisional Manager

CMP(MD) NO. 19507 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08-01-2026

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CMP(MD) NO. 19507 of 2025 in C.M.A(MD)No.1193 of 2025

1. Esakkimuthu

2. MINOR. SUSIMITHA

3. MINOR. MADHUMITHA

4. MINOR. ANUMITHA

5. SUDALAI

6. ESWARI (2nd 3rd 4th Minor Respondents represented through their Father and Guardian the 1st petitioner Esakkimuthu) Petitioner(s) Vs

1. The Divisional Manager United India Insurance Company Limited Door No. 550,X,Kandan Complex II Floor,Opp to New Bus Stand Valliyoor, Tirunelveli.

2. Subbiah

3. MR Rosemary Mission Hospital and Research Centre Door No.10/12, South Bypass Road Vannarpettai Tirunelveli 627002.

Respondent(s)

For Petitioner(s):

Mr.P.Baburaj For Respondent(s):

Mr.I.Robert Chandrakumar for R1 Prayer:To permit the petitioners to withdraw 50 percent of the award amount with accrued interest deposited to the credit of M.C.O.P.No. 378 of 2021 on the file of the Motor Accidents Claims Tribunal, Additional District Judge, FTC, Tenkasi pending disposal of the above C.M.A.(MD). No. 1193 of 2025 and thus render justice.

ORDER

(Order of the Court was made by the Hon'ble G.k.Ilanthiraiyan J.) This Civil Miscellaneous Petition is filed to permit the petitioners to withdraw 50% of the award amount deposited to the credit of M.C.O.P.No.378 of 2021, on the file of the Motor Accidents Claims Tribunal, Additional District Judge, FTC, Tenkasi.

2. Heard the learned counsel for the petitioner and the learned counsel for the first respondent.

3. Considering the above facts and circumstances of the case, this Civil Miscellaneous Petition is allowed and the major claimants are permitted to withdraw 50% of their share of the deposited amount as per the apportionment made by the Tribunal along with proportionate accrued interest and costs, deposited by the first respondent to the credit of M.C.O.P.No.378 of 2021 pending on the file of the Motor Accidents Claims Tribunal, Additional District Judge, FTC, Tenkasi by filing proper application before the Tribunal. As far as the minor claimants are concerned, the

Tribunal shall deposit the share of the minor claimants in any one of the Nationalized bank in a Fixed Deposit initially for a period of three years and renewable thereafter, till the minors attain majority. The father of the minor claimants is permitted to withdraw the accrued interest once in three months directly from the bank. (G.K.ILANTHIRAIYAN J.) (R.POORNIMA J.) 08-01-2026 am