Madras High CourtCMP(MD)/1817/2016ordered

Duraipazham v. Rajagopal

2016-08-05Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifth day of August Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CMP(MD) No.1817 of 2016 IN CMA(MD) No.1078 of 2014 DURAIPAZHAM ... PETITIONER/APPELLANT Vs 1 RAJAGOPAL 2 M/S.UNITED INDIA INSURANCE CO LTD.

XAVIER BUILDING 2ND FLOOR, PWD ROAD, NAGERCOIL -629 001, KANYAKUMARI DISTRICT.

3 SHRI RENGANATHA MATCH INDUSTRIES, D.NO.43, MAINROAD, KOVILPATTI-628 502, THOOTHUKUDI DISTRICT.

4 M/S.UNITED INDIA INSURANCE CO, LTD., D.NO.924/A, MAINROAD, C.C.C.

COMPLEX, KOVILPATTI-628 501, THOOTHUKUDI DISTRICT, (3RD RESPONDENT SET EX-PARTE BEFORE TRIBUNAL, HENCE HE IS GIVEN UP) ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order to withdraw the 50% of award amount with proportionate interest in the credit of M.C.O.P.No.7 of 2013 on the file of the Motor Accident Claims Tribunal / II Additional District Judge, Tirunelveli.

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. V.SASIKUMAR, Advocate for the petitioner the court made the following order:- This petition has been filed to permit the petitioner to withdraw 50% of the award amount along with proportionate interest in the credit of M.C.O.P.No.7 of 2013 on the file of the Motor Accident Claims Tribunal/II Additional District Judge, Tirunelveli.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents and perused the records.

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3. This appeal is filed by the claimant for enhancement of compensation. The award is not challenged by the Insurance Company. Hence, the petition is allowed and the petitioner/claimant is permitted to withdraw 50% of his share in the award amount along with proportionate interest and costs, and the balance amount shall be in the Bank deposit till the disposal of this appeal. sd/- 05/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL/II ADDITIONAL DISTRICT JUDGE, TIRUNELVELI sm:ARK-PV:SAR III:11.08.2016:2P/2C

ORDER

IN CMP(MD) No.1817 of 2016 IN CMA(MD) No.1078 of 2014 Date :05/08/2016 https://hcservices.ecourts.gov.in/hcservices/