CMP(MD)No.2000 of 2026 in CMA(MD)No.997 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24-03-2026 CORAM THE HONOURABLE MR JUSTICE K.MURALI SHANKAR CMP(MD) No.2000 of 2026 in CMA(MD) No.997 of 2025 1.Sukumaran 2.Thava mani Petitioners/ Respondents 1 & 2 Vs 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. 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. Respondents 1 & 2/ Appellants 1/3 https://www.mhc.tn.gov.in/judis CMP(MD)No.2000 of 2026 in CMA(MD)No.997 of 2025 3.M.Kanaga sabai @ Raja 4.T.Sahaya Melvin 5.S.Jesu rajan Respondents 3 to 5/ Respondents 3 to 5 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. 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. For Petitioners: Mr.K.P.Narayanakumar, Advocate 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 withdraw 50% of the award amount with accrued interest and costs which was deposited by the Insurance Company. 2. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents 1 and 2. 2/3 https://www.mhc.tn.gov.in/judis CMP(MD)No.2000 of 2026 in CMA(MD)No.997 of 2025 3. It is not in dispute that the first respondent has already deposited the entire 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. 4. Considering the above, the petitioners are permitted to withdraw 50% of 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, as per the apportionment fixed by the Tribunal on filing necessary application before the Tribunal. 5. Accordingly, this petition is ordered. 24-03-2026 CSM To 1.The Chief Judicial Magistrate, Motor Accident Claims Tribunal, Kanyakumari at Nagercoil. 3/3 https://www.mhc.tn.gov.in/judis