P.Arulanantham v. M/S.Unitted India Insurance Co Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Twenty Second day of April Two Thousand Twenty One PRESENT THE HON`BLE MR JUSTICE R.SUBBIAH AND THE HON`BLE MRS JUSTICE S. KANNAMMAL CMP NO.5897 OF 2021 in CMA.NO.169/2021 P.ARULANANTHAM [ PETITIONER ] Vs 1 M/S.UNITTED INDIA INSURANCE [ RESPONDENTS ] CO LTD, 104-A, PERAMANUR MAIN ROAD, PERAMANUR, SALEM.

2 P.MURUGESAN Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to vacate the interim stay granted in CMP.No.1135 of 2021 in CMA.No.169 of 2021 dated 02.02.2021, (CMP.5897/2021) pending disposal of above CMA.NO.169/2021 Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.S.ILLAMVALUDHI, Advocate for the petitioner and of MR.S.ARUNKUMAR, Advocate for the 1st Respondent the court made the following order:- (Order of the Court was delivered by R.SUBBIAH,J.) This Court, by order dated 02.02.

2021 has granted a conditional order of interim stay subject to the insurance company depositing 50% of the award amount with proportionate interest and costs, if any, to the credit of M.C.O.P. No.928 of 2016 on the file of Motor Accident Claims Tribunal, Special Sub Court No.1, Salem. 2.This petition is filed to vacate the interim stay granted in C.M.P. No.1135 of 2012 in C.M.A. No.169 of 2021 dated 02.02.2021. https://hcservices.ecourts.gov.

3.Learned counsel for the Insurance Company submitted that 50% of the award amount has been deposited by the Insurance Company as directed by this Court.

4.Learned counsel for the claimant submitted that the claimant be permitted to withdraw 50% of the award amount. 5.In view of the submission made on either side, the claimant is permitted to withdraw 50% of the deposited amount along with accrued interest thereon.

6.Accordingly, this petition stands closed.

-sd/- 22/04/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, SALEM.

Order in CMP.5897/2021 in CMA.NO.169/2021 Date :22/04/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 04/05/2021 https://hcservices.ecourts.gov.in/hcservices/