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Sathya v. The Branch Manager

Madras HC2 Apr 2026CMP(MD)/3797/2026

Case brief

AI extract

What is this about?

Motor accident compensation withdrawal petition; Section 151 C.P.C.; C.M.P(MD) 3797/2026 in C.M.A(MD) 1351/2025; M.C.O.P.No.23 of 2023 MACT Principal Sub Court Kumbakonam; Oriental Insurance Company appellant; contributory negligence defence with 75% liability admitted (counsel submission); entire award Rs.33,29,399 deposited; admitted amount Rs.20,70,937 withdrawn by first and fifth petitioners with interest and costs; Tribunal apportionment; minor claimants' share in Nationalized Bank till majority; no appearance by respondents 2 to 4.

What did the court decide?

First and fifth petitioners permitted to withdraw the admitted amount of Rs.20,70,937/- with interest and costs from the deposit in M.C.O.P.No.23 of 2023 (MACT, Principal Sub Court, Kumbakonam); minor petitioners' share to be deposited in a Nationalized Bank till they attain majority.

Sathya Vs The Branch Manager — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners/claimants should be permitted to withdraw the entire award amount of Rs.33,29,399/- deposited in M.C.O.P.No.23 of 2023 on the file of the MACT, Principal Sub Court, Kumbakonam.

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Court's answer

Permission granted: the first and fifth petitioners are permitted to withdraw the admitted amount of Rs.20,70,937/- with interest and costs lying in the credit of M.C.O.P.No.23 of 2023 on the file of the Motor Accident Claims Tribunal, Principal Sub Court, Kumbakonam.

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Ratio / Principle

Withdrawal is to be as per the apportionment fixed by the Tribunal, and the share of the minor petitioners shall be deposited in any one of the Nationalized Banks till they attain majority.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), K. Murali Shankar J., 02-04-2026: Allowed C.M.P(MD) No.3797 of 2026 in C.M.A(MD) No.1351 of 2025, filed under Section 151 C.P.C. by the claimants (Sathya, minors Lavanya, Karupusamy and Janusri, and Gandhi) in M.C.O.P.No.23 of 2023 (MACT, Principal Sub Court, Kumbakonam) seeking withdrawal of the entire deposited award amount of Rs.33,29,399/-. Counsel for the first respondent/appellant insurer (M/s. Oriental Insurance Company Ltd.) submitted that the insurer had taken a defence of contributory negligence, had admitted liability to the extent of 75%, and had no objection to the claimants withdrawing the admitted liability amount. The Court permitted the first and fifth petitioners to withdraw the admitted amount of Rs.20,70,937/- with interest and costs as per the apportionment fixed by the Tribunal, directing that the share of the minor petitioners be deposited in any one of the Nationalized Banks till they attain majority.

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CMP(MD) No.3797 of 2026 in CMA(MD) No.1351 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 02-04-2026

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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.3797 of 2026 in C.M.A(MD)No.1351 of 2025

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1.Sathya

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2.Minor.Lavanya

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3.Minor.Karupusamy

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4.Minor.Janusri

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5.Gandhi

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: Petitioners

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(Minor Petitioners 2 to 4 are represented by their mother/1^st respondent)

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1.The Branch Manager,

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M/s.Oriental Insurance Company Ltd., Office at Gopalarao Library Building, Town Hall road, Kumbakonam.

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2.P.Shankar

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3.The Proprietor, RR INFRAA Construction, New No.2, Old No.4 C, N.C.C. Office Road, Visalatchipuram, Madurai 625 014.

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1/3

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

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CMP(MD) No.3797 of 2026 in CMA(MD) No.1351 of 2025

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4.The Branch Manager,

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SBI General Insurance Company Ltd, No.28 B, 2^nd Floor, Thillai Nagar, H.P.Petrol Bunk Opposite, Thiruchirappalli – 620 018. : Respondents

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Civil Miscellaneous Petition filed under Section 151 of C.P.C., to permit the petitioners to withdraw the entire award amount of Rs.33,29,399/- deposited in M.C.O.P.No.23 of 2023 on the file of the MACT, Principal Sub Court, Kumbakonam.

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For Petitioners : Mr.A.S.Mathialagan,

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For Respondents : Mr.A.Ilango, for R1. : No Appearance, for R2 to R4.

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ORDER

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This Civil Miscellaneous Petition has been filed seeking orders to permit the petitioners to withdraw the entire award amount of Rs.33,29,399/- deposited in M.C.O.P.No.23 of 2023 on the file of the MACT, Principal Sub Court, Kumbakonam.

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2.It is seen from the records that in pursuance of the directions of this Court,

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the appellant/Insurance Company has deposited the entire award amount with interest and cost. Now the petitioners/claimants have filed the above application seeking permission to withdraw the amount.

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The learned counsel appearing for the first respondent/appellant would submit that they have taken a defence of contributory negligence and have

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

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CMP(MD) No.3797 of 2026 in CMA(MD) No.1351 of 2025

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admitted liability to the extent of 75%, and that they have no objection for the claimants to withdraw the admitted liability amount.

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Heard both sides and perused the materials available on records.

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5.Considering the facts and circumstances of the case and also the reasons

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assigned, this Court is inclined to grant permission. Accordingly, this petition is

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ordered and the first and fifth petitioners are permitted to withdraw the admitted amount of Rs.20,70,937/- with interest and costs, which is lying in the credit of M.C.O.P.No.23 of 2023 on the file of the Motor Accident Claims Tribunal, Principal

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Sub Court, Kumbakonam, as per the apportionment fixed by the Tribunal and the share of the minor petitioners shall be deposited in any one of the Nationalized Banks till they attain majority.

02-04-2026

das

Motor Accident Claims Tribunal, Principal Sub Court, Kumbakonam.

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