P.Ramasamy v. The Oriental Insurance Company Limited

ORDER This Civil Miscellaneous Petition has been filed seeking orders to permit the petitioners 1 and 2 herein to withdraw the deposited award amount in M.C.O.P.No.274 of 2021 on the file of the MACT (Principal District Judge) Dindigul, in respect of their shares are concerned and permit to withdraw the accrued interest once in three months in so far as the 3rd and 4th petitioners' shares are concerned, pending disposal of the appeal.

2.It is seen from the records that this Court while granting interim stay, directed the first respondent/appellant to deposit 50% of the award amount to the credit of M.C.O.P.No.274 of 2021 on the file of the MACT (Principal District Judge) Dindigul, and in pursuance of the same, the 1st respondent/appellant deposited the amount. Now the claimants have filed the above application seeking permission to withdraw the amount. The appellant has admitted their liability to the tune of Rs.27,15,000/-.

¶3Heard both sides and perused the materials available on records.

4.The learned counsel appearing for the first respondent/appellant would submit that they have no objection for the claimants to withdraw the admitted liability amount.

¶5Considering the facts and circumstances and also taking note of the submissions made on either side, petitioners 1 and 2 are permitted to withdraw the award amount, which is lying in the credit of M.C.O.P.No.274 of 2021 on the file of the MACT (Principal District Judge) Dindigul, as per the apportionment fixed by the Tribunal, with interest and costs, on filing necessary application before the Tribunal. The share of the minor petitioners 3 and 4 shall be deposited in any one of the Nationalized Banks till they attain majority.

¶6The first respondent/appellant is directed to deposit the remaining amount, immediately to the credit of M.C.O.P.No.274 of 2021 on the file of the MACT (Principal District Judge) Dindigul. 17-04-2026 das To Motor Accident Claims Tribunal Principal District Judge, Dindigul.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17-04-2026 CORAM THE HONOURABLE MR JUSTICE K.MURALI SHANKAR C.M.P(MD) No.15417 of 2025 in C.M.A(MD)No.226 of 2025 1.P.Ramasamy 2.Suseela 3.Minor.Hamsika 4.Minor.Harikrishnan : Petitioners Vs . 1.The Oriental Insurance Company Limited, Rep.through the Divisional Manager, North Veli Street, Madurai 625 001. 2.Shree Ummed Cement Udyog, Rep.through the Proprietor, Survey No.739, Puravipalayam, Jameen Kaliyapuram Road, Pollachi Taluk, Coimbatore District 642 110. : Respondents Civil Miscellaneous Petition filed seeking orders to permit the petitioners 1 and 2 herein to withdraw the deposited award amount in M.C.O.P.No.274 of 2021 on the file of the MACT (Principal District Judge) Dindigul, in respect of their shares are concerned and permit to withdraw the accrued interest once in three months in so far as the 3rd and 4th petitioners' shares are concerned, pending disposal of the appeal. For Petitioners : Mr.D.Srinivasaragavan, For Respondents : Mr.A.Ilango, for R1. : No Appearance, for R2.