J.Sankareswari,D/O.Jeyapandi v. The Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eighteenth day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) Nos.4161 to 4163 of 2019 IN CMA(MD) No.416 of 2018 J.SANKARESWARI ... PETITIONER/2nd RESPONDENT IN CMP(MD).NO.4161 of 2019 in CMA(MD).NO.416 OF 2018 J.SANKARAMMAL ... PETITIONER/3rd RESPONDENT IN CMP(MD).NO.4162 of 2019 in CMA(MD).NO.416 OF 2018 J.KALIRAJ ... PETITIONER/4th RESPONDENT IN CMP(MD).NO.4163 of 2019 in CMA(MD).NO.416 OF 2018 Vs 1.THE BRANCH MANAGER THE NEW INDIA ASSURANCE COMPANY LTD., 77/78 SOUTH CAR STREET, SIVAKASI VIRUDHUNAGAR DISTRICT. ... 1ST RESPONDENT/APPELLANT IN ALL PETITIONS 2 J.RAJARATHINAM 3 J.SANKARAMMAL, 4 J.KALIRAJ (No notice is necessary since these respondents are also claimants) 5 A.R.BASKARARAJ, 6 KALIAPPAN 7 JEYAPANDI, ... RESPONDENTS 2 TO 7/ RESPONDENTS 1,3 TO 7 IN CMP(MD).NO.4161 of 2019 in CMA(MD).NO.416 OF 2018 ... RESPONDENTS 2 TO 7/ RESPONDENTS 1,2,4 TO 7 IN CMP(MD).NO.4162 of 2019 in CMA(MD).NO.416 OF 2018

... RESPONDENTS 2 TO 7/ RESPONDENTS 1,3,5 TO 7 IN CMP(MD).NO.4163 of 2019 in CMA(MD).NO.416 OF 2018 (R5 AND R6 exparte in Tribunal and R7 is not necessary party for adjudication. Hence, notice be dispensed with) PRAYER IN CMP(MD) Nos.4161 to 4163 of 2019 IN CMA(MD) No.416 of 2018:

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 the 50% of her share in the award amount along with accrued interest and cost which was deposited by the insurance company, the 1st respondent / appellant to the credit of MCOP.No.89 of 2010 on the file of the MACT, (Sub Court), Sivakasi, pending disposal of the above CMA(MD) No.416 of 2018 and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.M.SURI, Advocate for the petitioner in all petitions and of MR.J.S.MURALI, Advocate on behalf of the Respondents in all petitions the court made the following order:- These petitions have been filed by the petitioners/claimants 2 to 4 seeking permission of this Court to withdraw 50% of their respective share amount with accrued interest and costs, which was deposited by the appellant/Insurance Company to the credit of M.C.O.P.No.89 of 2010.

2.The learned counsel for the appellant / Insurance Company has no objection in allowing these petitions.

3. In view of the above, the claimants are permitted to withdraw 50% of their respective share amount with accrued interest and costs, by filing a petition before the Tribunal.

4. These petitions are accordingly ordered.

sd/- 18/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL, SIVAKASI.

+3 CC to M/s.M.SURI, Advocate ( SR-9958[I] dated 19/06/2019 )

ORDER

IN CMP(MD) Nos.4161 to 4163 of 2019 IN CMA(MD) No.416 of 2018 Date :18/06/2019 gcg AE/PN/SAR-IV (24.06.2019) 3P 5C