Allowed¶27

Vaikundarajan, v. The Branch Manager

Madras HC6 Mar 2026CMP(MD)/2318/2026

Case brief

AI extract

What is this about?

Interim release of motor-accident claims deposit; withdrawal of 50% of award amount with accrued interest and costs; Section 151 CPC application within pending Section 173 MV Act 1988 appeal; deposit made by Reliance General Insurance Company (first respondent); M.C.O.P.No.197 of 2014, Motor Accidents Claims Tribunal, Subordinate Court, Vallioor, award dated 31.10.2022; Madurai Bench of Madras High Court; Justice K.Murali Shankar; order dated 06-03-2026; second respondent dispensed with.

What did the court decide?

Permission to the petitioner to withdraw 50% of the award amount with accrued interest and costs deposited by the first respondent / Insurance Company before the Tribunal, on filing necessary application. ¶27

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

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CMP(MD)No.2318 of 2026 in CMA(MD)No.843 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 06-03-2026

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CORAM

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THE HONOURABLE MR JUSTICE K.MURALI SHANKAR

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CMP(MD)No.2318 of 2026 in CMA(MD)No.843 of 2025

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Vaikundarajan

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Petitioner/ 1^st Respondent

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1.The Branch Manager, Reliance General Insurance Company Limited, South Byepass Road, Vannarpettai, Tirunelveli.

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1^st Respondent/ Appellant

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2.Rajesh

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2^nd Respondent/ 2^nd Respondent

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Prayer in CMP(MD)No.2318 of 2026 : This Civil Miscellaneous Petition filed under Section 151 C.P.C. praying to permit the petitioner to withdraw 50% of the entire deposited amount along with the accrued interest to credit of M.C.O.P.No.197 of 2014 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Vallioor, Pending disposal of the above civil miscellaneous petition.

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Prayer in CMA(MD)No.843 of 2025 : This Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act 1988 praying to set aside the judgment and decree in M.C.O.P.No.197 of 2014 dated 31.10.2022 on the file of the Motor Accidents Claims Tribunal, Subordinate Court, Vallioor and allow the appeal with costs.

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1/2

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

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CMP(MD)No.2318 of 2026 in CMA(MD)No.843 of 2025

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For Petitioner: Mr.M.Laxmi Mahendraa, Advocate

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For Respondents: Mr.J.S.Murali, Advocate for R1

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R2 – Dispensed with

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ORDER

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The above petition has been filed seeking permission to withdraw 50% of the amount with accrued interest and costs, which was deposited by the first respondent / Insurance Company.

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

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The learned counsel appearing for the first respondent would submit that they are having objections for granting the permission.

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Considering the facts and circumstances and also the fact that the first respondent / Insurance Company has already deposited the entire amount, the petitioner is permitted to withdraw 50% of the award amount with accrued interest and costs that was deposited by the first respondent / Insurance Company before the Tribunal on filing necessary application.

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