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Madras High CourtCMP/17519/2023allowed

A.Vijayakumar v. The Branch Manager

2023-08-18Honourable Mr Justice R. Subramanian,Honourable Mrs Justice R. Kalaimathi2 pages

C.M.P.No.17519 of 2023 C.M.P.No.17519 of 2023 in C.M.A.No.4775 of 2019 R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

The petitioner seeks permission to withdraw 50% of the award amount which has been deposited by the Insurance Company pursuant to the order passed in CMP.No.27494 of 2019 on 19.12.2019.

2. It is a case of injury. The Tribunal has taken the functional disability at 70%. The Insurance Company is on appeal on the quantum. Considering the nature of injuries and the fact that the petitioner has spent a sum of Rs.6,00,000/- towards medical expenses and has undergone various surgeries, we find that it will be just and proper to permit the petitioner to withdraw 50% of the award amount that has been deposited into Court. Hence, this petition is allowed.

3. The petitioner is permitted to withdraw the entire amount that has been deposited to the credit of the MCOP.No.195 of 2013 on the file of Motor Accident Claims Tribunal, Gobichettipalayam. The Motor Accident R.SUBRAMANIAN, J.

https://www.mhc.tn.gov.in/judis

C.M.P.No.17519 of 2023 and R.KALAIMATHI, J.

dsa Claims Tribunal, Gobichettipalayam is directed to transfer the amount lying in deposit, to the account of the petitioner without waiting for any further order and without insisting on any application by the petitioner. (R.S.M., J.) (R.K.M., J.) 18.08.2023 dsa C.M.P.No.17519 of 2023 in C.M.A.No.4775 of 2019 https://www.mhc.tn.gov.in/judis