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Madras High CourtCMP/14806/2016allowed

Raja v. Ilayaraja

2016-12-01Honourable Mr Justice T.Raja2 pages

C.M.P. No.14806 of 2016 in C.M.A. No.480 of 2016 T.RAJA, J.

This petition has been filed by the petitioners/claimants, seeking an order to direct the Registry to send the entire records relating to M.C.O.P.No.240 of 2014 on the file of the Motor Accidents Claims Tribunal (Special District Court), Dharmapuri, so as to pass an order in withdrawal application filed before the Tribunal.

2.Since it is a fatal case and after the award passed by the Tribunal, the Insurance Company has deposited the entire award amount along with interest, the petitioners/claimants have taken out an application to withdraw the award amount. Since the bundle in respect of this case is lying before this Court, the Tribunal has not entertained the withdrawal application. Therefore, the learned counsel pleaded that this petition may be allowed. 3.No one appears for the respondents.

4.Registry is directed to send back the records relating to M.C.O.P.No.240 of 2014 to the Tribunal only to enable the claimants to process the withdrawal application. After the said process is over, the Tribunal shall send transmit the bundle back to this Court for deciding the appeal on merits.

In view of the above, this petition is ordered. 01.12.2016

T.RAJA, J kal C.M.P. No.14806 of 2016 in C.M.A. No.480 of 2016 01.12.2016 http://www.judis.nic.in