V. Kalaivani v. M. Kannan

C.M.P.No.7286 of 2023 in C.M.A.No.2016 of 2022 J.NISHA BANU,J.

and D.BHARATHA CHAKRAVARTHY,J.

The Appeal is filed for enhancement of the award amount passed in M.C.O.P.No.616/2019 on the file of Motor Accident Claims Tribunal, Salem.

2. Today, when the matter came up for hearing, the learned counsel appearing on behalf of the respondents seeks time and therefore, the appeal is being adjourned.

3. Now, it is represented on behalf of the petitioner/appellant that the entire award amount has been deposited by the respondent and the first petitioner shall be permitted to withdraw the award amount of Rs.11,50,000/- along with accrued interest.

4. We see that there is no appeal preferred by the 2nd respondent Insurance Company and therefore, there cannot be any objection for the first petitioner to withdraw the deposited amount.

In view thereof, we permit the first petitioner to withdraw the award amount as apportioned by the trial Court along with accrued interest. In respect of the 2nd respondent, the 1st petitioner will be permitted to withdraw the accrued interest once in

three months. Accordingly, the C.M.P. is ordered. Post the C.M.A. on 23.06.2023.

(J.N.B.,J.) (D.B.C.,J.) vsi 09.06.2023 J.NISHA BANU,J.

and D.BHARATHA CHAKRAVARTHY,J.

vsi C.M.P.No.7286 of 2023 in C.M.A.No.2016 of 2022 09.06.2023