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Madras High CourtCMP(MD)/20259/2025allowed

Prasantha Jariyal v. The Branch Manager

2026-02-02Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2026

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI in CMA(MD)No.1151 of 2025 Prasantha Jariyal, S/o. Dilip Jariyal, Sree Velayathasamy Quarters, Opposite to District Stadium, Dhadikombu Road, Dindigul Town and Previously Residing at Ranipanda, Mayurapanji District, Odissa State.

...Petitioner/1st Respondent

Vs.

1. The Branch Manager, United India Insurance Company Limited, Door No.5, 1st Floor, N.S. Complex, Varatharaja Nagar, Cumbum Road, Thenkari, Periyakulam, Theni District.

...1st Respondent/Appellant

2. Rajaguru, S/o. Narayanan Door No.10-1-39 K/4, Bharathithasan Street, Anna Nagar, Pattiveeranpatti, Nilakottai Taluk, Dindigul District.

...2nd Respondent/2nd Respondent 1/4

For Petitioner : Mr.S.Pugalendhi Advocate For R1 : Mr.I.Robert Chandra Kumar Advocate Prayer : Civil Miscellaneous Petition is filed to permit the petitioner to withdraw 50% of deposited amount in M.C.O.P.No.300 of 2021 on the file of the Motor Accident Claims Tribunal (Special Subordinate Judge), Dindigul.

ORDER

This Civil Miscellaneous Petition has been filed to permit the petitioner to withdraw 50% of deposited amount in M.C.O.P.No.300 of 2021 on the file of the Motor Accident Claims Tribunal (Special Subordinate Judge), Dindigul.

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

3. Even in the main Civil Miscellaneous Appeal, the 1st respondent/Insurance Company admitted its liability for a sum of Rs.30,38,600/-. Now, the petitioner seeking permission to withdraw only 50% of the deposited amount.

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4. Considering the above 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 deposited amount with proportionate interest and costs by filing necessary application before the Motor Accident Claims Tribunal (Special Subordinate Judge), Dindigul.

02.02.2026 VSD 3/4

P.VADAMALAI, J.

VSD in CMA(MD)No.1151 of 2025 02.02.2026 4/4