Partly allowed¶34

Savitha Bararia v. Kalairaj.v

Madras HC5 Nov 2025CMP/1439/2025

Case brief

AI extract

What is this about?

Motor accident compensation; interim withdrawal of deposited award amount; Section 151 CPC; partial release of MCOP deposit; reinvestment of balance until further orders; Magma HDI General Insurance Co. Ltd.; Kalairaj.V; MACT/Special District Court No.1, Cuddalore; MCOP No.102 of 2022; Tribunal award Rs.75,97,000/-; C.M.P.No.15497 of 2024 in C.M.A.No.2002 of 2024; C.M.A.No.1219 of 2025; claimant family withdrawal permission.

What did the court decide?

Permission granted to petitioners 1, 2, 4 and 5 (Savitha Bararia, Reet Bararia, Kamala Devi Bararia and Binod Kumar Baraia) to withdraw Rs.10,00,000/-, Rs.10,00,000/-, Rs.5,00,000/- and Rs.5,00,000/- respectively out of the Rs.44,60,584/- deposited in the MCOP account; balance amount to be reinvested until further orders. ¶34

Savitha Bararia Vs Kalairaj.v — Madras HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.11.2025

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CORAM:

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THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN and

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THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR

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C.M.P.No.1439 of 2025 in

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C.M.A.SR.No.58321 of 2024 Now numbered as C.M.A.No.1219 of 2025

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1.Savitha Bararia 2.Reet Bararia @ Reet Bararial

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3.Minor Jaineka Bararia

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4.Kamala Devi Bararia

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5.Binod Kumar Baraia

.. Petitioners

Vs.

1.Kalairaj.V

2.The Manager Magma HDI General Ins, Co.Ltd., VB SRS Hyundai Show Room, No.2751, Imperial Road, Cuddalore OT 607 003. .. Respondents

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PRAYER: Civil Miscellaneous Petition is filed under Section 151 of C.P.C, to permit the petitioners 1 to 5 to withdraw the amount of Rs.44,60,584 deposited via UTR No.AXISCN0759848021 in accordance with the order of

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1/4

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https://www.mhc.tn.gov.in/judis

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the Hon'ble High Court in MCOP No.102 of 2022 on the file of MACT/ Special District Court No.1, Cuddalore .

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For R2 : Ms.Kavi Bharathi

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ORDER

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[Order of the Court was made by Dr.G.JAYACHANDRAN., J.]

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The petition has been filed to withdraw the part of the award amount

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deposited in the MCOP account, while granting interim order in C.M.P.No.15497 of 2024 in C.M.A.No.2002 of 2024.

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2. On perusal of the records, it is seen that the Tribunal has awarded a sum of Rs.75,97,000/- as compensation to the claimants, who are

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the wife, parents and two children of the deceased. The Tribunal has

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apportioned the award amount among the claimants as follows:-

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Rs.37,98,500/- to the wife

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Rs.11,39,550/- each to the two children

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Rs.7,59,700/- each to the mother and father.

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3. The present petition has been filed seeking withdrawal of a sum of Rs.44,60,584/- deposited in the MCOP account.

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2/4

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https://www.mhc.tn.gov.in/judis

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4. On perusing the affidavit filed along with the petition, this Court is of the view that the petitioners 1, 2, 4 and 5 be permitted to withdraw sums of Rs.10,00,000/-, Rs.10,00,000/-, Rs.5,00,000/- and Rs.5,00,000/- respectively. The balance amount shall be reinvested until further orders.

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[Dr.G.J., J.] & [M.S.K., J.] 05.11.2025

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rpl

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The MACT/ Special District Court No.1, Cuddalore .

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Dr.G.JAYACHANDRAN., J. and MUMMINENI SUDHEER KUMAR., J.

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3/4

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