Muthukumari, v. State Express Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the First day of July Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CMP(MD) No.6125 of 2016 IN CMA(MD) No.208 of 2016 MUTHUKUMARI ... PETITIONER/1ST RESPONDENT Vs 1 STATE EXPRESS TRANSPORT CORPORATION LIMITED, THROUGH ITS MANAGING DIRECTOR, OFFICE AT PALLAVAN SALAI, CHENNAI.

...1ST RESPONDENT/APPELLANT 2 M/S.SRI SAI DIESAL, OFFICE NO.1, VASANTHAM NAGAR, MELAPALAYAM, TIRUNELVELI.

3 CHRISTOPEHR SELVARAJ, 4 ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, THROUGH ITS BRANCH MAGAGER, OFFICE AT ICICI BANK TOWER, BANDRA-KURLA COMPLEX, MUMBAI. 2 TO4 RESPONDENTS/RESPONDENTS 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 50% of the award amount with accrued interest and cost deposited to the credit of M.C.O.P.No.521 of 2013 on the file of the Motor Accident Claims Tribunal, (Special Sub Court), Tirunelveli, pending disposal of the above Civil Miscellaneous Petition 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 and of M/s.P.

PRABHAKARAN, Advocate for R1 the court made the following order:- This application is filed seeking permission to withdraw 50% of the award amount with accrued interest and costs deposited to the credit of M.C.O.P.No.521 of 2013 on the file of the Motor Accident Claims Tribunal (Special Sub Court), Tirunelveli.

2. Heard the learned counsel for the petitioner and the learned counsel for the first respondent and perused the records. https://hcservices.ecourts.gov.in/hcservices/

3. Considering the submission of the learned counsel for the

petitioner that the claimant sustained 63% disability and lost her employment, the claimant is permitted to withdraw 50% of the award amount with proportionate interest and costs, without filing any formal petition before the Tribunal.

4. Accordingly, this petition is allowed.

sd/- 01/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS, TRIBUNAL, (SPECIAL SUB COURT), TIRUNELVELI.

ORDER

IN CMP(MD) No.6125 of 2016 IN CMA(MD) No.208 of 2016 Date :01/07/2016 SDR/AAL-MPA/SAR III/06.07.2016/2P/2C https://hcservices.ecourts.gov.in/hcservices/