Madras High CourtCMP/13838/2017ordered

Parameshwari v. Reliance General Insurance Co

2017-09-14Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Fourteenth day of September Two Thousand Seventeen PRESENT THE HON`BLE DR. JUSTICE S. VIMALA CMP No.13838 of 2017 IN CMA.1594/2016 1 PARAMESHWARI [ PETITIONERS ] 2 SARANYA 3 HARI NARAYANAN 4 GOVINDARAJ GOUNDER 5 GOVINDAMMAL Vs 1 RELIANCE GENERAL INSURANCE CO [ RESPONDENTS ] LTD, BRANCH OFFICE AT SHRI LAKSHMI COMPLEX, 1ST FLR, BHARATHI ST, OMALUR MAIN RD, SWARNAPURI, SALEM 4 2 D.MAHENDRA Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioner to withdraw 50% of the award amount, interest cost, deposited in MCOP No. 1323 of 2011 on th file of the Motor ACcident Claims Tribunal, Special District Court, Salem ( in CMP No.13838 of 2017) pending disposal of the above CMA.

1594/2016 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. A. MURUGAN, Advocate for the petitioner and of Mr.S.ARUNKUMAR Advocate on behalf of the 1st Respondents the court made the following order:- This petition has been filed by claimants to permit them to withdraw the deposited amount lying to the credit of MCOP No.1323 of 2011 on the file of Motor Accident Claims Tribunal, Special District Court, Salem.

2. Heard the learned counsel for the petitioner and Mr.S.Arunkumar for the first respondent.

3. Earlier, this Court, by order dated 04.08.2016 granted interim stay, on condition that the appellant Insurance company shall deposit a sum of Rs.15,00,000/- with proportionate accrued interest and costs to the credit of MCOP No.1323 of 2011 on the file of the Motor Accident Claims Tribunal, Special District Court, Salem.

4. It is represented by the learned counsel for the insurance company that as per the order, dated 04.08.2016, a sum of Rs.15,00,000/- has been deposited to the credit of MCOP No.1323 of 2011 on the file of the Motor Accident Claims Tribunal, Special District Court, Salem.

5. Considering the submission made by the learmed counsel for the petitioner, the claimants are permitted to withdraw 50% of the deposited amount, lying to the credit of MCOP No.1323 of 2011 on the file of the Motor Accident Claims Tribunal, Special District Court, Salem.

6. This petition is ordered accordingly.

-sd/- 14/09/2017 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SPECIAL DISTRICT JUDGE MOTOR ACCIDENTS CLAIMS TRIBUNAL SALEM.

C.C. to M/S. A. MURUGAN Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in CMP.13838/2017 in CMA.1594/2016 Date :14/09/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (26/10/2017)