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Mohan v. The Managing Director

Madras HC25 Mar 2026CMP/6903/2026

Case brief

AI extract

What is this about?

Madras High Court CMP (S.151 CPC) in CMA 3795 of 2025; interim/partial withdrawal of 50% of Tribunal deposit with accrued interest allowed for injured claimant Mohan while KSRTC appeal against M.C.O.P.No.44 of 2017 (Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Vellore) award pending; motor accident compensation; Karnataka State Transport Corporation; quantum/apportionment dispute unresolved, main appeal to be listed.

What did the court decide?

Permission granted to the petitioner to withdraw 50% of the amount deposited, with accrued interest, lying to the credit of M.C.O.P.No.44 of 2017 (Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Vellore), by filing an appropriate application; the main appeal (C.M.A.No.3795 of 2025) to be listed in the usual course. ¶28

Mohan Vs The Managing Director — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be permitted, pending disposal of C.M.A.No.3795 of 2025, to withdraw 50% of the amount deposited, along with accrued interest, lying to the credit of M.C.O.P.No.44 of 2017 (Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Vellore).

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Court's answer

The petition is allowed: the petitioner is permitted to withdraw 50% of the amount deposited, now lying to the credit of M.C.O.P.No.44 of 2017 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Vellore, by filing an appropriate application.

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Ratio / Principle

Although the respondent's appeal challenges apportionment, liability and quantum, it is appropriate that, in view of the nature of the injuries suffered, the petitioner be granted some compensation now — the stated basis for permitting the interim 50% withdrawal.

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Detailed headnote1 paragraphs

Madras High Court (Coram: C.V. Karthikeyan and K. Rajasekar JJ; order made by C.V. Karthikeyan, J), Order dated 25.03.2026 in C.M.P.No.6903 of 2026 in C.M.A.No.3795 of 2025 — interim release of deposited motor-accident compensation. The Karnataka State Transport Corporation (respondent) had filed C.M.A.No.3795 of 2025 questioning the apportionment of compensation, its liability and the quantum granted in M.C.O.P.No.44 of 2017 before the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Vellore. Claimant Mohan S/o.Gurumoorthy moved this petition under Section 151 of the Civil Procedure Code seeking permission to withdraw 50% of the deposited amount with accrued interest. Observing that, in view of the nature of injuries suffered, the petitioner ought to receive some compensation despite the pending appeal, the Court allowed the petition, permitting withdrawal of 50% of the deposit with accrued interest upon filing of an appropriate application, and directed that the main appeal be listed in the usual course. No monetary figure is stated in the judgment; only the 50% proportion.

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C.M.P.No.6903 of 2026 in C.M.A.No.3795 of 2025 THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 25.03.2026

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CORAM

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THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN

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AND

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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C.M.P.No.6903 of 2026

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C.M.A.No.3795 of 2025

Mohan

S/o.Gurumoorthy

... Petitioner

The Managing Director, Karnataka State Transport Corporation, K.H.Road, Bangalore, Mangalore Division, Mangalore.

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... Respondent

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Civil Miscellaneous Petition filed under Section 151 of the Civil Procedure Code praying to permit the petitioner to withdraw the 50% of the deposited amount along with accrued interest lying in the credit of M.C.O.P.No.44 of 2017 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Vellore.

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For Petitioner : Mr.C.Prabakaran For Respondent : Mr.T.Thiyagarajan

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1/4

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

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C.M.P.No.6903 of 2026 in C.M.A.No.3795 of 2025

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O R D E R

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[Order of the Court was made by C.V. KARTHIKEYAN, J ]

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This petition has been filed seeking permission to withdraw 50% of the amount deposited along with accrued interest, which is lying to the credit of M.C.O.P.No.44 of 2017 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Vellore.

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Heard learned counsel for the respondent also.

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The respondent had filed C.M.A.No.3795 of 2025 questioning the

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apportionment of compensation, their liability and the quantum of compensation granted. However, it would be appropriate that in view of the nature of injuries suffered, the petitioner herein is granted some compensation.

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