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Madras High CourtCMP(MD)/800/2024allowed

Kala, v. M/S.National Insurance Co. Ltd.,

2025-01-30Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30-01-2025

CORAM

THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA IN CMA(MD) NO. 476 OF 2021 1.Kala 2.Moorthy 3.Minor Arun, Rep. By his mother and guardian, 1st Petitioner / Kala.

Petitioner(s) Vs 1.M/s.National Insurance Co. Ltd., Through its Branch Manager, First Floor, Jerold Building, Kottai Station Road, Trichy.

2.Kalivarthan Respondent(s) For Petitioner(s):

M/s.P.Ganapathi Subramanian, Advocate

ORDER

(Order of the Court was made by the Hon'ble G.R.Swaminathan J.) One Amuthan died in an accident and that led to filing of M.C.O.P.No.69 of 1/3

2017 of file of Chief Judicial Magistrate Cum Motor Accidents Claims Tribunal, Pudukkottai. The Court below awarded Rs.22,63,200/-. Questioning the same, the insurance company filed civil misc.appeal. Interim stay was granted on condition to deposit the entire award amount. The claimants seek leave to withdraw 50% of the award amount.

2.We are of the view that interest of justice will be met by permitting the petitioners 1 and 2 herein (Kala and Moorthy) to withdraw a sum of Rs.5,00,000/- each.

3.This miscellaneous petition is allowed accordingly. sd/- 30/01/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

IAS TO THE CHIEF JUDICIAL MAGISTRATE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PUDUKKOTTAI.

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ORDER

IN IN CMA(MD) NO. 476 OF 2021 Date :30/01/2025 SA/GSV/SAR. /03.03.2025/3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3