Madras High CourtCMP(MD)/19625/2025ordered

S.Gomathi v. The Branch Manager

2025-12-16Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima3 pages

CMP(MD) NO. 19625 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16-12-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CMP(MD) NO. 19625 of 2025 in C.M.A(MD)No.172 of 2025

1. S.Gomathi

2. S.Karthiya Lakshmi 3.S.Maheswari Petitioner(s) Vs

1. The Branch Manager M/S.National Insurance Co Ltd.

Section II 16,State Bank Road Opp to District Collectorate Gopalapuram Coimbatore -641 018

2. S.Arun Kumar

3. The Branch Manager M/s.National Insurance Co Ltd Vijaya Complex,1st Floor 706-J,Tenkasi Road Rajapalayam, Virudhunagar District.

Respondent(s) For Petitioner(s):

Mr.M.Jothi Basu For Respondent(s):

M/s.P.Malini for R1 Prayer:To permit the petitioners to withdraw 50 percentage of the amount awarded by the Additional District Court, Motor Vehicle Accident Claims Tribunal, Srivilliputhur in M.C.O.P.No.29 of 2021, which was deposited in pursuance to the order passed in C.M.P.(MD).No.2850 of 2025 in C.M.A.(MD).No.172 of 2025 dated 25-02-2025 along with accrued interest 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 deposited amount into the credit of M.C.O.P.No.29 of 2021, on the file of the Motor Accident Claims Tribunal, Srivilliputhur.

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

3. This Court, by order, dated 25.02.2025, has granted conditional stay. As per the order of this Court, dated 25.02.2025, the Insurance Company has deposited the 75% of the award amount along with proportionate accrued interest and costs to the credit of M.C.O.P.No.29 of 2021, on the file of the Motor Accident Claims Tribunal, Srivilliputhur.

4. Considering the above facts and circumstances of the case, this Civil Miscellaneous Petition is allowed and the petitioners are permitted to withdraw 50% of the deposited amount along with proportionate accrued interest and costs, deposited by the first respondent/appellant to the credit of M.C.O.P.No.29 of 2021, on the file of the Motor Accident Claims Tribunal, Srivilliputhur, as per the order of the Tribunal by filing proper application.

(G.K.ILANTHIRAIYAN J.) (R.POORNIMA J.) 16-12-2025 am To The Motor Accident Claims Tribunal, Srivilliputhur,