A.Raja v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fifteenth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in CMA(MD)No.912 of 2022 A.RAJA ... PETITIONER/1st RESPONDENT Vs 1 THE MANAGING DIRECTOR UNITED INDIA INSURANCE COMPANY LTD., NO.4A, FLOOR.NO.1, BIG BAZAAR STREET, DHARAPURAM, ERODE DISTRICT-638 656 ... 1st RESPONDENT/APPELLANT 2 K.K.KUPPUSAMY ... 2nd RESPONDENT/2nd RESPONDENT Civil Miscellaneous petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the petitioner to withdraw the entire amount deposited by the respondent into the credit of M.C.O.P.No. 34 of 2018 before the Motor Accident Claims Tribunal / Sub Court, Lalgudi pending disposal of the above CMA(MD) No.912 of 2022. Prayer in CMA(MD). 912/ 2022 :

Civil Miscellaneous Petition filed under Section 173 of Motor Vehicle Act to set aside the order passed by the learned Motor Accidents Claims Tribunal / Sub Court, Lalgudi in M.C.O.P.No.34 of 2018 dated 08-07-2021 as against the appellant and allow the appeal.

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ORDER : This Civil Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.LENINKUMAR, Advocate for the petitioner and Mr.N.DILIPKUMAR, Advocate for the 1st respondent, the Court made the following order:- This petition has been filed to permit the petitioner to withdraw the entire amount deposited by the respondent into the credit of M.C.O.P.No. 34 of 2018, before the Motor Accident Claims Tribunal / Sub Court, Lalgudi, pending disposal of the above C.M.A.(MD)No.912 of 2022.

2.Considering the facts and circumstances of the case, the petitioner is permitted to withdraw 50% of the deposited amount. Accordingly, this petition is allowed.

3.List the main appeal for final disposal on 29.04.2024. sd/- 15/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE SUBORDINATE JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, LALGUDI.

ORDER

IN in CMA(MD)No.912 of 2022 Date :15/04/2024 SS/JGB/SAR- /18/04/2024/3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3