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Madras High CourtCMP/15148/2017ordered

Y.Reeta, v. United India Insurance Co.Ltd

2017-09-07Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Seventh day of September Two Thousand Seventeen PRESENT THE HON`BLE DR. JUSTICE S.VIMALA CMP NO.15148 OF 2017 IN CMA.1570 OF 2017 Y.REETA [ PETITIONER ] Vs 1 UNITED INDIA INSURANCE CO.LTD [ RESPONDENTS ] MOTOR THIRD PARTY CLAIM HUB, SILINGHI BUILDINGS, NO.134,GREAMS ROAD, CHENNAI-6.

2 M.SATHIYAKUMAR Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioner/1st Respondent herein to withdraw the entire amount in deposited by the 1st Respondent/Appellant/Insurance co.to the credit of MACTOP.No.282 of 2013 on the file of the III Judge, Motor Accidents Claims Tribunal (Court of small Causes),Chennai, pending disposal of the above Appeal.CMA.No.1570 of 2017 before this Honble Court (in CMP.No.15148/17 in CMA.1570/17) 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.SWAMIKKANNU, Advocate for the petitioner the court made the following order:- This petition has been filed by the Petitioner/claimant seeking to withdraw the entire amount deposited by the Insurance Company/1st Respondent.

2. The appeal ground raised by the Insurance company is that the Insurance Company should have the liberty to recover from the owner and not on the quantum of compensation.

3. Hence, the claimants are permitted to withdraw 50% of the amount deposited by the Insurance Company. It is also represented that the claimant has filed the separate appeal C.M.A.No.2286 of 2017.

4. Registry is directed to post the matter along with connected CMA.No.2286 of 2017, in the usual course. -sd/- 07/09/2017 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE REGISTRAR, SMALL CAUSES COURT, CHENNAI-104.

C.C. to M/S.M.SWAMIKKANNU Advocate SR.No.11679 The Government Advocate, High Court, Madras - 104. Order in CMP.15148/2017 in CMA.1570/2017 Date :07/09/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 11.09.2017