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Sukumaran v. The Branch Manager

Madras HC24 Mar 2026CMP(MD)/2000/2026

Case brief

AI extract

What is this about?

Madras HC Madurai Bench; CMP(MD)No.2000/2026 under S.151 CPC; CMA(MD)No.997/2025 under S.173 Motor Vehicle Act; M.C.O.P.No.96 of 2020 MACT CJM Nagercoil order dt.22.02.2024 challenged; United India Insurance Branch Manager Nagercoil; entire award amount with interest and costs already deposited; admitted liability Rs.19 lakhs; permission to withdraw 50% of award amount with accrued interest and costs; apportionment fixed by Tribunal; Sukumaran; Thava mani; K.MURALI SHANKAR J.; decided 24-03-2026.

What did the court decide?

Petition ordered: petitioners permitted to withdraw 50% of the award amount with accrued interest and costs deposited by the Insurance Company to the credit of M.C.O.P.No.96 of 2020, as per the apportionment fixed by the Tribunal, on filing necessary application before the Tribunal. ¶40

Sukumaran Vs The Branch Manager — Motor Accident Claims | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners should be permitted to withdraw 50% of the award amount with accrued interest and cost which was deposited by the insurance company in M.C.O.P.No.96 of 2020.

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Court's answer

The Court recorded that even according to respondents 1 and 2 the admitted liability was to the tune of Rs.19 lakhs, while the petitioners in the petition had sought permission to withdraw only 50% of the award amount; it was not in dispute that the first respondent (insurer) had already deposited the entire award amount with interest and costs.

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Ratio / Principle

Considering the above, the Court permitted the petitioners to withdraw 50% of the award amount.

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Key takeaways

The withdrawable sum is the award amount with accrued interest and costs which was deposited by the Insurance Company to the credit of M.C.O.P.No.96 of 2020 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate, Kanyakumari at Nagercoil.ratio¶39
The withdrawal is to be as per the apportionment fixed by the Tribunal, on the petitioners filing necessary application before the Tribunal.ratio¶39

Detailed headnote1 paragraphs

CMP(MD)No.2000 of 2026 in CMA(MD)No.997 of 2025 | Madras High Court, Madurai Bench | K. Murali Shankar, J. | 24-03-2026 — Interim withdrawal under Section 151 CPC: in the pending civil miscellaneous appeal under Section 173 of the Motor Vehicle Act against the fair and decrital (decreetal) order dated 22.02.2024 made in M.C.O.P.No.96 of 2020 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Nagercoil, where it was not in dispute that the first respondent-insurer (Branch Manager, M/s.United India Insurance Company Limited) had already deposited the entire award amount with interest and costs, and the admitted liability was stated as Rs.19 lakhs, the Court permitted the petitioners (Respondents 1 & 2 in the appeal) to withdraw 50% of the award amount with accrued interest and costs from the Tribunal deposit, as per the apportionment fixed by the Tribunal, on filing necessary application before the Tribunal. Petition ordered. Respondent 3: no appearance; Respondents 4 & 5 dismissed.

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CMP(MD)No.2000 of 2026 in CMA(MD)No.997 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 24-03-2026

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CORAM

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THE HONOURABLE MR JUSTICE K.MURALI SHANKAR

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CMP(MD) No.2000 of 2026 in

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CMA(MD) No.997 of 2025

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1.Sukumaran

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2.Thava mani

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Petitioners/ Respondents 1 & 2

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1.The Branch Manager, M/s.United India Insurance Company Limited, Opposite of Parthas Textiles, P.W.D. Road, Nagercoil & Post & Village, Agasteeswaram Taluk, Kanyakumari District.

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2.The Branch Manager, M/s.United India Insurance Company Limited, Opposite of Parthas Textiles, P.W.D. Road, Nagercoil & Post & Village, Agasteeswaram Taluk, Kanyakumari District.

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Respondents 1 & 2/ Appellants

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1/3

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

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CMP(MD)No.2000 of 2026 in CMA(MD)No.997 of 2025

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3.M.Kanaga sabai @ Raja

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4.T.Sahaya Melvin

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5.S.Jesu rajan

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Respondents 3 to 5/ Respondents 3 to 5

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Prayer in CMP(MD)No.2000 of 2026 : This Civil Miscellaneous Petition filed under Section 151 of Civil Procedure Code praying to permit the petitioners herein to withdraw the 50% of the award amount with accrued interest and cost which was deposited by the insurance company in M.C.O.P.No.96 of 2020 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Nagercoil.

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Prayer in CMA(MD)No.997 of 2025 : This Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicle Act praying to allow this memorandum of civil miscellaneous petition by set aside the fair and decrital order dated 22.02.2024 made in M.C.O.P.No.96 of 2020 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Nagercoil.

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For Petitioners: Mr.K.P.Narayanakumar, Advocate

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For Respondents: Mr.B.Rajesh Saravanan, Advocate for R1 & R2

No appearance for R3

R4 & R5 - Dismissed

ORDER

The above petition has been filed seeking orders to permit the petitioners to

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withdraw 50% of the award amount with accrued interest and costs which was

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deposited by the Insurance Company.

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Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents 1 and 2.

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2/3

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

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CMP(MD)No.2000 of 2026 in CMA(MD)No.997 of 2025

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It is not in dispute that the first respondent has already deposited the entire

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award amount with interest and costs. Even according to the respondents 1 and 2, admitted liability is to the tune of Rs.19 lakhs, but the petitioners in the above petition have sought for permission to withdraw 50% of the award amount.

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Considering the above, the petitioners are permitted to withdraw 50% of the

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award amount with accrued interest and costs which was deposited by the Insurance Company to the credit of M.C.O.P.No.96 of 2020 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate, Kanyakumari at Nagercoil, as per the apportionment fixed by the Tribunal on filing necessary application before the Tribunal.

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