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Madras High CourtCMP(MD)/2877/2016allowed

Saroja v. The Branch Manager,

2016-10-20Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twentieth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM CMP(MD) No.2877 of 2016 IN CMA(MD) No.71 of 2016 1 SAROJA 2 MINOR.MURUGAMBIGAI D/O.LATE.NAGARAJ, REP BY HER NATURAL GUARDIAN & MOTHER SAROJA ... PETITIONERS/RESPONDENTS 1& 2 Vs 1 THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO.LTD., 570, NAIGAUM CROSS ROAD NEXT TO ROYAL INDUSTRIAL ESTATE, WADALA (W), MUMBAI -031. 1st RESPONDENT/APPELLANT 2 VEERAPPAN 3 SUBRAMANIAN (3rd RESPONDENT REMAINED EX-PARTE BEFORE THE LOWER COURT HENCE NOTICE MAY BE DISPENSED WITH) ...

RESPONDENTS 2 & 3/ RESPONDENTS 3 & 4 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit us to withdraw the proportionate share of the award amount with accrued interest with cost deposited into the credit of M.C.O.P.No.177 of 2013 on the file of the MACT (Principal District Judge) Karur pending disposal of the CMA(MD)No.71 of 2016 on the file of this Honourable Court 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 M/S. K.BALASUBRAMANI, Advocate for the petitioners https://hcservices.ecourts.gov.in/hcservices/ and of Mr.K.

The first petitioner is permitted to withdraw 50% of the deposited amount, as per the apportionment fixed by Tribunal along with proportionate interest. Since the second respondent is a minor, the first claimant is permitted to withdraw the interest of minor once in three months directly from the Bank.

2. Accordingly, the petition is ordered.

sd/- 20/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL (PRINCIPAL DISTRICT JUDGE), KARUR.

+1. C.C. to M/S. K.BALASUBRAMANI Advocate SR.No. 61893

ORDER

IN CMP(MD) No.2877 of 2016 IN CMA(MD) No.71 of 2016 Date :20/10/2016 TRP TE/CK/SAR-III : 01/11/2016 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/