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Hariharan v. The Divisional Manager

Madras HC8 Jan 2026CMP(MD)/9514/2025

Case brief

AI extract

What is this about?

Interim withdrawal petition in pending motor accident appeal: 50% of deposited amount; M.C.O.P. No.1592 of 2022; Motor Accident Claims Tribunal (Special Sub Court), Madurai; CMA(MD) No. 315 of 2025; petitioner Hariharan; Oriental Insurance Company Ltd. (R1); M/s.K.R.S.Builders (R2); claim Rs.25,00,000; Tribunal award Rs.29,46,840; admitted liability Rs.9,46,840; proportionate interest and costs; Justice P. Vadamalai; decided 08-01-2026.

What did the court decide?

Permission granted to the petitioner to withdraw 50% of the entire deposited amount, along with proportionate interest and costs, to the credit of M.C.O.P. No.1592 of 2022, by filing a necessary application before the Motor Accident Claims Tribunal / Special Sub Court, Madurai. ¶33

Hariharan Vs The Divisional Manager — Madras HC (2026) — LawSathi Research

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CMP(MD) NO. 9514 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08-01-2026

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CORAM

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THE HONOURABLE MR JUSTICE P.VADAMALAI

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CMP(MD) NO. 9514 of 2025

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CMA(MD) NO. 315 of 2025

Hariharan

Petitioner(s)

1.The Divisional Manager, M/s.Oriental Insurance Company Ltd., Bangoor Dharmasala Building, 3^rd Floor, No.6A, West Veli Veethi, Madurai - 625001.

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2.M/s.K.R.S.Builders, No.134C, Chellathamman Kovil Street, Managiri, K.K.Nagar, Madurai - 625 020.

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Respondent(s)

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For Petitioner(s):

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Mr.Selvakumaran T, Advocate

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For Respondent(s):

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Mr.C.Jawahar Ravindran, Advocate for R1

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Prayer : Civil Miscellaneous Petition is filed to permit the petitioner to withdraw 50 % of the entire deposited amount along with the accrued

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

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CMP(MD) NO. 9514 of 2025

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interest to credit of M.C.O.P.No.1592 of 2022 on the file of Motor Accident Claims Tribunal (Special Sub Court), Madurai, pending disposal of the above Civil Miscellaneous Appeal.

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ORDER

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This Civil Miscellaneous Petition has been filed seeking permission for the petitioner to withdraw 50% of the entire deposited amount, along with accrued interest and costs, to the credit of M.C.O.P. No.1592 of 2022 on the file of the Motor Accident Claims Tribunal (Special Sub Court), Madurai, pending disposal of the above Civil Miscellaneous Appeal.

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Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent/Insurance Company, and perused the affidavit filed in support of this petition.

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The learned counsel for the 1st respondent submitted that the

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total amount claimed by the petitioner was Rs.25,00,000/- (Rupees Twenty Five Lakhs only). However, the learned Tribunal awarded a sum of Rs.29,46,840/- (Rupees Twenty Nine Lakhs Forty Six Thousand Eight

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

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CMP(MD) NO. 9514 of 2025

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Hundred and Forty only), and the admitted liability is Rs.9,46,840/(Rupees Nine Lakhs Forty Six Thousand Eight Hundred and Forty only). Therefore, the petitioner is entitled to withdraw only the admitted liability amount of Rs.9,46,840/- (Rupees Nine Lakhs Forty Six Thousand Eight Hundred and Forty only), along with proportionate interest and costs.

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Considering the facts and circumstances of the case and being satisfied with the reasons stated in the affidavit, this Court is inclined to allow this petition.

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Accordingly, this Civil Miscellaneous Petition is allowed. The petitioner is permitted to withdraw 50% of the entire deposited amount, along with proportionate interest and costs, by filing a necessary application before the Motor Accident Claims Tribunal / Special Sub Court, Madurai.

08-01-2026 (1/2)

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

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CMP(MD) NO. 9514 of 2025

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P.VADAMALAI, J.