Elizabeth v. P. Leelavathi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Eighth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice N.KIRUBAKARAN CMP(MD) Nos.428 to 431 of 2017 IN CMA(MD) Nos.174 to 177 of 2014 ELIZABETH ... PETITIONER/1ST RESPONDENT IN CMP(MD)No.428/2017 IN CMA(MD)No.174 of 2014 SAIT ... PETITIONER/1ST RESPONDENT IN CMP(MD)No.429/2017 IN CMA(MD)No.175 of 2014 KARTHIKAYAN ... PETITIONER/1ST RESPONDENT IN CMP(MD)No.430/2017 IN CMA(MD)No.176 of 2014 MUTHUSAMY ... PETITIONER/1ST RESPONDENT IN CMP(MD)No.431/2017 IN CMA(MD)No.177 of 2014 Vs 1 P. LEELAVATHI ... 1ST RESPONDENT/2ND RESPONDENT IN ALL THE PETITIONS 2 M/S. IFFCO TOKIO GENERAL INSURANCE COMPANY LTD, DIVISIONAL OFFICE, CUSTOMER CENTRE, K.S.M.M.F.BUILDING,II FLOOR,III BLOCK 8, CUNNING FIRM ROAD, BANGALORE-2.
REP THROUGH ITS DIVISIONAL MANAGER. ... 2ND RESPONDENT/APPELLANT IN ALL THE PETITIONS Prayer in CMP(MD)No.428/2017 IN CMA(MD)No.174 of 2014:- 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 half of the amount from deposit amount in WC.No.71/2007 on the file of Commissioner of Workmen
Compensation (Deputy Commissioner of Labour) Dindigul. without furnishing security.
Prayer in CMP(MD). 429/ 2017 in CMA(MD)No.175 of 2014:- To permit the petitioner to withdraw the half of the amount from deposit amount in W.C.NO. 72/2007 on the file of Commissioner of Workmen Compensation (Deputy Commissioner of Labour) Dindigul.without furnishing security.
Prayer in CMP(MD). 430/ 2017 CMA(MD)No.176 of 2014:-To permit the petitioner to withdraw the half of the amount from deposit amount in WC No.74/2007 on the file of Commissioner of Workmen Compensation (Deputy Commissioner of Labour)dindigul.without furnishing security. Prayer in CMP(MD). 431/ 2017 CMA(MD)No.177 of 2014:-To permit the petitioner to withdraw the half of the amount from deposit amount in WC NO.76/2007 on the file of Commissioner of Workmen Compensation (Deputy Commissioner of Labour)dindigul. without furnishing security.
ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.A.THEETHAR, Advocate for the petitioner in all the petitions and of M/S.K.R.SHIVASHANKARI, Advocate for M/S.S.SRINIVASA RAGHAVAN, Advocate on behalf of the Respondents the court made the following order:- These civil miscellaneous petitions have been filed by the petitioners / claimants seeking permission of this Court to withdraw 50% of the award amount deposited by the second respondent/ appellant / Insurance Company, to the credit of W.C.Nos.71, 72, 74 & 76 of 2007, on the file of the Commissioner of Workmen Compensation (Deputy Commissioner of Labour), Dindigul.
2. Heard both sides.
3. Though the learned counsel for the second respondent / appellant / Insurance Company strenuously opposed the prayer sought for by the petitioners, this Court is convinced with the reasons stated in the accompanying affidavits and accordingly, the petitioners / claimants are permitted to withdraw 50% of their respective share amount from and out of the amount deposited by the second respondent / appellant / Insurance Company, to the credit of W.C.Nos.71, 72, 74 & 76 of 2007 respectively, on the file of the Commissioner of Workmen Compensation (Deputy Commissioner of Labour), Dindigul, along with accrued interest. sd/- 28/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE COMMISSIONER OF WORKMEN COMPENSATION(DEPUTY COMMISSIONER OF LABOUR), DINDIGUL +1. C.C. to M/S.J.GUNASEELANMUTHAIH, Advocate SR.No.11312 +1. C.C. to M/S.S.SRINIVASA RAGHAVAN, Advocate SR.No.11704 CSL/MR/SAR-III/03.03.2017 : 3P/4C
ORDER
IN CMP(MD) Nos.428 to 431 of 2017 IN CMA(MD) No.174 to 177 of 2014 Date :28/02/2017