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Minor. Wasim Akram v. The Divisional Manager

Madras HC10 Apr 2026CMP(MD)/13441/2025

Case brief

AI extract

What is this about?

Keywords: motor accident claim; withdrawal of deposited award amount; Section 151 CPC application; interim stay deposit condition; minor claimant / mother as natural guardian; Oriental Insurance Company Ltd.; M.C.O.P.No.322 of 2020, Motor Accident Claims Tribunal (III Additional Sub Court) Trichy; CMA(MD) No.310 of 2025; admitted liability Rs.77,000/-; deposit in nationalised bank till majority. Disposition: petition allowed (single judge, K. Murali Shankar J., order dated 10-04-2026). No precedent cases cited; no dissenting opinion.

What did the court decide?

Permission granted to the petitioner to withdraw the 50% of the award amount along with accrued interest deposited to the credit of M.C.O.P.No.322 of 2020; the admitted amount of Rs.77,000/- to be deposited in any one of the Nationalized Banks till the minor attains majority.

Minor. Wasim Akram Vs The Divisional Manager — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner (minor claimant) may be permitted to withdraw the 50% of the award amount along with accrued interest deposited to the credit of M.C.O.P.No.322 of 2020 (Motor Accident Claims Tribunal, III Additional Sub Court, Trichy).

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Court's answer

Considering the facts and circumstances of the case and the reasons assigned, the Court granted permission and ordered the petition, permitting the petitioner to withdraw the 50% of the award amount along with accrued interest deposited to the credit of M.C.O.P.No.322 of 2020.

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Ratio / Principle

The admitted amount of Rs.77,000/- lying to the credit of M.C.O.P.No.322 of 2020 shall be deposited in any one of the Nationalized Banks till the minor petitioner attains majority.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), by order dated 10-04-2026 (K. Murali Shankar J.), allowed C.M.P(MD) No.13441 of 2025 in C.M.A(MD) No.310 of 2025, filed under Section 151 CPC by the minor claimant Wasim Akram (represented by his mother and natural guardian Rabiyath Basirya), seeking permission to withdraw 50% of the award amount along with accrued interest deposited to the credit of M.C.O.P.No.322 of 2020 (Motor Accident Claims Tribunal, III Additional Sub Court, Trichy). The deposit had been made by the first respondent/appellant, Oriental Insurance Company Ltd., pursuant to this Court's interim-stay direction in the pending appeal; counsel for the insurer raised no objection to the claimant withdrawing the admitted liability amount. The Court permitted the withdrawal and directed that the admitted amount of Rs.77,000/- lying to the credit of the M.C.O.P. be deposited in any one of the Nationalized Banks till the minor attains majority.

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CMP(MD) No.13441 of 2025 in CMA(MD) No.310 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 10-04-2026

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CORAM

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THE HONOURABLE MR JUSTICE K.MURALI SHANKAR

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C.M.P(MD) No.13441 of 2025 in C.M.A(MD)No.310 of 2025

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Minor.Wasim Akram

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: Petitioner

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(Rep.by his mother and natural guardian Rabiyath Basirya)

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1.The Divisional Manager, M/s.Oriental Insurance Company Ltd., TP Hub, 2^nd Floor, No.4, Bharathithasan Salai, Cantonment, Trichy -1.

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2.D.L.Sivakami

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: Respondents

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Civil Miscellaneous Petition filed under Section 151 of C.P.C., to permit the petitioner to withdraw the 50% of the award amount along with accrued interest deposited to the credit of M.C.O.P.No.322 of 2020 on the file of the Motor Accident Claims Tribunal (III Additional Sub Court) Trichy.

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For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.C.Karthik, for R1. : No Appearance, for R2.

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ORDER

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This Civil Miscellaneous Petition has been filed seeking orders to permit the petitioner to withdraw the 50% of the award amount along with accrued interest deposited to the credit of M.C.O.P.No.322 of 2020 on the file of the Motor Accident Claims Tribunal (III Additional Sub Court) Trichy.

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

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CMP(MD) No.13441 of 2025 in CMA(MD) No.310 of 2025

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It is seen from the records that this Court while granting interim stay,

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directed the first respondent/appellant to deposit 50% of the award amount to the credit of M.C.O.P.No.322 of 2020 on the file of the Motor Accident Claims Tribunal

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(III Additional Sub Court) Trichy and in pursuance of the same, the first respondent/appellant deposited the amount. Now the claimant has filed the above application seeking permission to withdraw the amount.

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The learned counsel appearing for the first respondent/appellant would

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submit that they have no objection for the claimant to withdraw the admitted liability amount.

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Heard the learned counsel for the petitioner as well as the learned counsel appearing for the first respondent and also perused the materials available on records.

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5.Considering the facts and circumstances of the case and also the reasons assigned, this Court is inclined to grant permission. Accordingly, this petition is ordered. The admitted amount of Rs.77,000/-, which is lying in the credit of M.C.O.P.No.322 of 2020 on the file of the Motor Accident Claims Tribunal (III Additional Sub Court) Trichy, shall be deposited in any one of the Nationalized Banks till he attains majority.

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10-04-2026

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das

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To Motor Accident Claims Tribunal (III Additional Sub Court) Trichy.

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2/2

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