Madras High CourtCMP(MD)/2206/2016dismissed

V. Arul Justin Dhas v. Tata-Aig General Insurance

2016-06-28Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Eighth day of June Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CMP(MD) No.2206 of 2016 IN CMA(MD) No.1100 of 2015 V. ARUL JUSTIN DHAS ... PETITIONER/1st RESPONDENT Vs 1 TATA-AIG GENERAL INSURANCE COMPANY LTD., 4TH FLOOR, AHURA CENTRE, MAHAKALI KOVIL ROAD, ANDHERI EAST, MUMBAI-400 093.

... 1st RESPONDENT/APPELLANT.

2 TATA-AIG GENERAL INSURANCE COMPANY LTD., NO.1 CNC SALAI ETHIRAJ SALAI, EGMORE, CHENNAI-08.

3 G. JACOB APPADURAI 4 N. MEENAKUMARI ... RESPONDENT NOS.2 AND 4/ RESPONDENT NOS.2 AND 4.

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 50% of amount deposited by the appellant in MCOP No.21 of 2009 on the file of the Motor Vehicles Accident Claims Tribunal, Kuzhithurai.

Prayer in CMA(MD)No. 1100 of 2015:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the fair and decreetal order dated 05.08.2014 made in MCOP No. 21 of 2009 on the file of Motor Accident Claim Tribunal (Sub Court), Kuzhithurai and allow this appeal.

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. JERIN MATHEW, Advocate for the petitioner and of MR.S.SRINIVASA RAGHAVAN, on behalf of the Respondents, the court made the following https://hcservices.ecourts.gov.in/hcservices/ order:-

It is represented by the learned counsel for the first respondent/Insurance Company that the claimant was already permitted to withdraw 50% of the award amount in MP(MD)No. 1 of 2015 in CMA(MD)No. 1100 of 2015 on 15.09.2015. Hence, this petition is dismissed. sd/- 28/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL, (SUB COURT),KUZHITHURAI.

ORDER

IN CMP(MD) No.2206 of 2016 IN CMA(MD) No.1100 of 2015 Date :28/06/2016 AM/GSV.PM/SAR-I/30.06.2016/2P/2C https://hcservices.ecourts.gov.in/hcservices/