Sahayamary v. Tamilnadu State Transport Corporation
CMP(MD) No.1366 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Eleventh day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.1366 of 2021 in CMA(MD)No.104 of 2020 SAHAYAMARY ... PETITIONER/RESPONDENT/ CLAIMANT Vs TAMILNADU STATE TRANSPORT CORPORATION, NEW RAILWAY STATION ROAD, KUMBAKONAM, REPRESENTED BY ITS MANAGING DIRECTOR. ... RESPONDENT/APPELLANT/ RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass necessary orders by allowing this petition and thereby permit the petitioners to withdraw the 50% the Motor Accident Claims Tribunal (Special District Judge, (Full Additional Charge), Thanjavur award amount with together proportionate accrued interest and costs which was deposited by the 1st respondent in M.C.O.P No.661 of 2018 on the file of the Motor accident claims tribunal (Special District Judge, (Full additional Charge), Thanjavur.
PRAYER IN CMA(MD)No.104 of 2020 :
To set aside the impugned award passed in M.C.O.P.No.661 of 2018 dated 24.4.2019 on the file of the Motor Accident Claims Tribunal (Special District Court) Thanjavur.
ORDER : This 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.N.SUDHAGAR NAGARAJ, Advocate for the petitioner and of Mr.P.M.VISHNUVARTHANAN, Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed by the petitioner to withdraw 50% of the award amount with together proportionate accrued interest, which was deposited by the 1st respondent in M.C.O.P.No.661 of 2018 on the file of the Motor Accident Claims Tribunal (Special District Judge, Full Additional Charge), Thanjavur.
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CMP(MD) No.1366 of 2021
2. Heard the learned counsel for the parties. 3.Learned counsel for the respondent submitted that the respondent Transport Corporation had deposited entire award amount as ordered by this Court on 21.02.2020 and he has no objection to withdraw 50% of the award amount together with proportionate accrued interest by the petitioner/claimant.
4.Accordingly, this petition is ordered and the interim stay granted on 21.02.2020 is made absolute.
5. The petitioner/claimant is permitted to withdraw 50% of the award amount along with the proportionate accrued interest list the main appeal on 16.04.2021, for final disposal. sd/- 11/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE SPECIAL DISTRICT JUDGE, FULL ADDITIONAL CHARGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THANJAVUR.
ORDER
IN CMP(MD) No.1366 of 2021 in CMA(MD)No.104 of 2020 Date :11/03/2021 PKN TK/PN/SAR.4/16.03.2021/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2