Madras High CourtCMP/11186/2016allowed

K.Kumar v. Royal Sundaram Alliance

2016-08-17Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

C.M.P.No.11186 of 2016 in C.M.A.No.1153 of 2016 A.SELVAM,J and P.KALAIYARASAN,J.

ORDER

(Order of the Court was made by A.SELVAM,J) This petition has been filed praying to permit the petitioner to withdraw 50% of the amount already deposited in MCOP No.4194 of 2011.

2. It is averred in the petition that the petitioner, as petitioner, has filed MCOP No.4194 of 2011 on the file of Motor Accident Claims Tribunal, II Court of Small Causes, Chennai, wherein an executable award has been passed to the tune of Rs.6,50,000/-. Against the award passed by the Motor Accident Claims Tribunal, the first respondent herein, as appellant, has filed CMA No.1153 of 2016 on the file of this Court, wherein a conditional order has been passed and accordingly 50% of the award amount has been deposited in MCOP No.4194 of 2011. Under the said circumstances, the present petition has been filed for getting the relief sought therein. A.SELVAM,J

and P.KALAIYARASAN,J.

Ajr

3. Considering the fact that the petitioner is an injured person and on the basis of the injuries sustained by him, in MCOP No.4194 of 2011, an award of Rs.6,50,000/- has been given. Further, this Court has passed a conditional order, whereby directed the first respondent/appellant to deposit 50% of the award amount in MCOP No.4194 of 2011 and accordingly the same has been deposited.

4. Considering the reason mentioned in the petition, the petitioner can be permitted to withdraw 50% of the amount deposited in MCOP No.4194 of 2011.

In fine, this Civil Miscellaneous Petition is allowed and the petitioner is permitted to withdraw 50% of the amount deposited in MCOP No.4194 of 2011 on the file of Motor Accident Claims Tribunal, II Court of Small Causes, Chennai, by way of filing a separate petition under the relevant Rules.

[A.S.,J.] [P.K.,J.] ajr 17.08.2016 C.M.P.No.11186 of 2016 in C.M.A.No.1153 of 2016