Jeyamani v. The Divisional Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Friday, the Twentieth day of April Two Thousand Eighteen PRESENT THE HON'BLE MR.JUSTICE S.BASKARAN CMP No.681 of 2018 in CMA No.3464 of 2014 1 JEYAMANI [ PETITIONERS ] 2 RAJARAM 3 POONGOTHAI 4 RAJKUMAR MINOR (MINOR REP BY MOTHER AND NEXT FRIEND THE 1ST PETITIONER) 5 AMBIGA Vs 1 THE DIVISIONAL MANAGER [ RESPONDENTS ] THE UNIVED INDIA INSURANCE CO LTD, VELLORE.

2 MADHAVAKONAR 3 PANDIYAN Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioners to withdraw 50% of the award amount deposited to the credit of MCOP No.559/2004 on the file of Chief Judicial Magistrate Tiruvannamalai pending CMA No.3464 of 2014. Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.B.GOPALAN ASSOCIATES, Advocate for the petitioner the court made the following order:- There shall be an order of interim stay on condition that the petitioner/appellant deposits 50% of the award amount together with interest and costs, deducting the amount already deposited to the credit of M.C.O.P.No.559/2004 on the file of Motor Accidents

Claims Tribunal/Chief Judicial Magistrate, Tiruvannamalai, within a period of four (4) weeks from the date of receipt of a copy of this order, failing which the stay shall stand automatically vacated. 2.Notice to the respondents returnable by four (4) weeks. Private notice is also permitted.

-sd/- 20/04/2018 THIS PETITION HAVING BEEN POSTED THIS SEVENTH DAY OF JUNE TWO THOUSAND AND EIGHTEEN FOR BEING MENTIONED IN PURSUANCE TO THE ORDER OF THIS COURT DATED 20.4.2018 AND MADE HEREIN AND IN THE PRESENCE OF THE AFORESAID ADVOCATES THE COURT MADE THE FOLLOWING ORDER. This matter is listed today under the caption "for being mentioned".

2. The learned counsel for the Petitioners/claimants submitted that in the order dated 20.04.2018 passed in CMP.No.681 of 2018 in CMA.No.3464 of 2014, instead of permitting the Petitioners to withdraw 50% of the award amount deposited to the credit of MCOP.No.559 of 2004 before the Tribunal, it is wrongly typed as order of interim stay on condition that the petitioner/appellant deposits 50% of the award amount.

3. I have perused the order dated 20.04.2018 and of the view that it has to be rectified. Accordingly, by rectifying the said mistake, the order dated 20.04.2018 shall read as follows:- "Petitioners/Respondents 1, 2, 3 and 5 are permitted to withdraw 50% of the award amount deposited before the Tribunal. Insofar as 4th Petitioner/minor Rajkumar is concerned, the interest portion of his share shall be withdrawn by the mother/1st petitioner, towards his maintenance.

4. Registry is directed to issue fresh order copy to the Petitioners.

-sd/- 07/06/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE CHIEF JUDICIAL MAGISTRATE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUVANNAMALAI.

C.C. to M/S.M.B.GOPALAN ASSOCIATES Advocate on payment of necessary charges C.C. to MR.G.RAJAN Advocate SR.NO. 4971 Order in CMP.681/2018 in CMA.3464/2014 Date :20/04/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VS 23.04.2018 VS 18.06.2018