Nepalraj, v. National Insurance Company
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Third day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice R.SUBBIAH and The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) NoS.12280 AND 9041 of 2016 CMA(MD) No.1005 of 2016 1.NEPALRAJ, 2.VALLI NAYAGI ... PETITIONERS/RESPONDENTS 1&2 C.M.P.(MD) NO.12280 OF 2016 C.M.A.(MD)NO.1005 OF 2016 NATIONAL INSURANCE COMPANY LIMITED, THRO. ITS BRANCH MANAGER, NO.813 CHANDIGARTH, KALKA ROAD, CHANDIGARTH, NAGERCOIL, KANYAKUMARI DISTRICT. ...PETITIONER/APPELLANT C.M.P.(MD) NO.9041 OF 2016 C.M.A.(MD) NO.1005 OF 2016 -VS1.NATIONAL INSURANCE COMPANY LIMITED NO.813, CHANDIGARTH, KALKA ROAD,CHANDIGARTH, THROUGH ITS BRANCH MANAGER, NAGERCOIL,KANYAKUMARI DISTRICT. ... APPELLANT/1st RESPONDENT C.M.P.(MD) NO.12280 OF 2016 C.M.A.(MD)NO.1005 OF 2016 2.SHRI DHARAMVIR SINGH 3.UNITED INDIA INSURANCE CO.LTD.
THROUGH BRANCH MANAGER, NO.5,CIRCULAR ROAD, BHIWANI,HARYANA 4.MOHINDER SINGH 5.CHANDIGARH TRANSPORT UNDER TAKING , THROUGH ITS GENERAL MANAGER, DEPOT NO.1,CHANDIGARH.
... RESPONDENTS 2 TO 5/ RESPONDENTS 3 TO 6 C.M.P.(MD) NO.12280 OF 2016 C.M.A.(MD)NO.1005 OF 2016
1.NEPALRAJ 2.VALLI NAYAGI 3.SHRI DHARAMVIR SINGH 4.UNITED INDIA INSURANCE COMPANY LIMITED 5.MOHINDER SINGH 6.CHANDIGARH TRANSPORT UNDERTAKING THROUGH ITS GENERAL MANAGER,DEPOT NO.1, CHANDIGARH ...RESPONDENTS/RESPONDENTS IN C.M.P.(MD) NO.9041 OF 2016 C.M.A.(MD) NO.1005 OF 2016 PRAYER IN C.M.P.(MD) NO.12280 OF 2016 IN C.M.A.(MD)NO.1005 OF 2016: Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to permit the petitioners to withdraw 50% of the entire award amount with accrued interest and cost deposited to the credit of M.C.O.P.No.125 of 2013 on the file of the Motor Accident Claims Tribunal, (Chief Judicial Magistrate Court), Nagercoil, pending disposal of the above Civil Miscellaneous Petition. PRAYER IN C.M.P.(MD) NO.9041 OF 2016 IN C.M.A.(MD) NO.
1005 OF 2016: Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to grant Interim Stay of all further proceedings pursuant to the Judgment and Decree dated 04.12.2014 made in M.C.O.P.No.125 of 2013 on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Nagercoil, pending disposal of the appeal and pass such further or other orders as this Hon'ble Çourt may deem fit and proper in the circumstances of the case and thus render justice.
O R D E R
********** [Order of the Court was made by R.SUBBIAH, J.] This Court, by order dated 22.09.2016, while granting an order of interim stay, imposed a condition, directing the first respondent in C.M.P[MD].No.12280 of 2016 (Insurance Company) to deposit the entire compensation amount, as ordered by the Tribunal with accrued interest and costs, to the credit of M.C.O.P.No.125 of 2013, on the file of the Chief Judicial Magistrate (MACT), Nagercoil, less the amount already deposited, in the Indian Bank, attached to the Madurai Bench of Madras High Court, within eight weeks. Pursuant to the said order, the Insurance Company has deposited the amount of Rs.40,00,000/- (Rupees Forty Lakhs only). Now, the present petition has been filed by the petitioners in C.M.P[MD].No.12280 of 2016/claimants seeking permission to withdraw 50% of the amount deposited.
2.However, the learned counsel for the first respondent in C.M.P[MD].No.12280 of 2016 (Insurance Company) raised an objection to withdraw 50% of the amount deposited stating that the admitted liability of Rs.11,00,000/- could be withdrawn.
3. After considering the submissions made on either side and on perusal of the materials available on record, this Court is constrained to pass the following order:
The petitioners in C.M.P[MD].No.12280 of 2016/claimants are permitted to withdraw Rs.10,00,000/- (Rupees Ten Lakhs only) each with proportionate interest.
4.C.M.P[MD].No.12280 of 2016 is ordered accordingly.
5. Interim stay already granted by this Court dated 22.09.2016, is made absolute. C.M.P.(MD)No.9041 of 2016 is closed accordingly. sd/- 03/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO MOTOR ACCIDENT CLAIMS TRIBUNAL, (CHIEF JUDICIAL MAGISTRATE COURT),NAGERCOIL.
+1CC to I.S.MURALI Advocate SR.No.6261 +1cc to T.SELVAKUMARAN Advocate in SR. NO.6226 SML JS/SV/MMS/07.02.2017/3P-4C
ORDER
CMP(MD) NoS.12280 AND 9041 of 2016 CMA(MD) No.1005 of 2016 Date :03/02/2017