Madras High CourtCMP(MD)/5763/2016allowed

Balakrishnan v. Tamil Nadu State Transport

2016-06-24Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Fourth day of June Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CMP(MD) No.5763 of 2016 IN CMA(MD) No.525 of 2014 BALAKRISHNAN ... PETITIONER/APPELLANT Vs TAMIL NADU STATE TRANSPORT CORPORATION LIMITED, THROUGH ITS MANAGING DIRECTOR, NO.2, TRIVANDRUM ROAD, VANNARAPETTAI, TIRUNELVELI. RESPONDENT/RESPONDENT 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 entire award amount with accrued interest and cost deposited to the credit of MCOP.No.368/2013 on the file of the Motor Accident Claims Tribunal (Special Sub Court), Tirunelveli, dated 23.09.2013 pending disposal of the above CMA.(MD).No.

525/2014 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. T.SELVAKUMARAN, Advocate for the petitioner the court made the following order:- It is represented by the learned counsel for the petitioner that in the execution proceedings, the respondent has already deposited the award amount with accrued interest and costs and the petitioner is in need of money.

2. Considering the above facts, the claimant is permitted to withdraw 50% of his share in the deposited amount, along with proportionate interest and costs, without filing any formal petition before the Tribunal and the balance amount shall be deposited in a fixed deposit in the Indian Bank, Madurai Bench of Madras High Court Branch, Madurai to the credit of C.M.A.(MD).No.525 of 2014, initially for a period of one year and renewable thereafter, till the disposal of the appeal.

3. Notice.

sd/- 24/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

https://hcservices.ecourts.gov.in/hcservices/

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL (SPECIAL SUBORDINATE JUDGE) TIRUNELVELI Copy to:The Manager Indian Bank, Madurai Bench of Madras High Court Branch, Madurai +1cc to Mr.P.Prabhakaran, Advocate in SR.No.32910 sm:Sk-SKN:SAR III:29.06.2016:2P/4C

ORDER

IN CMP(MD) No.5763 of 2016 IN CMA(MD) No.525 of 2014 Date :24/06/2016 https://hcservices.ecourts.gov.in/hcservices/