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Madras High CourtCMP(MD)/1210/2020disposed of

A. Shanmugavelu, v. Tamil Nadu State Transport Corporation,

2020-02-06Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran2 pages

CMP(MD) No.1210 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Sixth day of February Two Thousand Twenty PRESENT The Hon'ble Mr.Justice M.DURAISWAMY and The Hon'ble Mr.Justice T.RAVINDRAN CMP(MD) No.1210 of 2020 IN CMA(MD) No.785 of 2019 A.SHANMUGAVELU ... PETITIONER/1st RESPONDENT Vs 1 TAMIL NADU STATE TRANSPORT CORPORATION, KUMBAKONAM, REP BY ITS MANAGING DIRECTOR, KOVILOOR, THIRUPATHUR POST, KARAIKUDI DISTRICT. 1st RESPONDENT/APPELLANT 2 E.ALLIRANI 3 NEW INDIA ASSURANCE COMPANY LIMITED, REP BY ITS DIVISIONAL MANAGER, KAMARAJAR SALAI, MADURAI DISTRICT.

RESPONDENTS 2 & 3/ RESPONDENTS 2 & 3 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the Petitioner herein to withdraw 50 percentage of the award amount with proportionate interest and cost deposited in the credit of MCOP.No.444 of 2017 on the file of the Motor Accident Claims Tribunal (Special Subordinate Court), Madurai, pending disposal of the main 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.S.M.MOHAN GANDHI, Advocate for the petitioner and of Mr.P.M.VISHNUVARTHANAN, Standing Counsel for R1, the court made the following order:- (Order of the Court was made by M.DURAISWAMY,J) The petitioner / claimant has filed the above petition seeking https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.1210 of 2020 permission to withdraw 50% of the award amount deposited by the first respondent / Transport Corporation to the credit of M.C.O.P.No.444 of 2017 on the file of the Motor Accident Claims Tribunal (Special Sub-Court), Madurai.

2.It is brought to the notice of this Court that pursuant to the order dated 06.11.2019, the first respondent / Transport Corporation had deposited 50% of the award amount with accrued interest and costs to the credit of M.C.O.P.No.444 of 2017 on the file of the Motor Accident Claims Tribunal (Special Sub-Court), Madurai.

3.The learned counsel appearing for the first respondent / Transport Corporation has no objection for permitting the petitioner / claimant to withdraw the entire amount deposited by the first respondent / Transport Corporation.

4.In these circumstances, we permit the petitioner / claimant to withdraw the entire amount deposited by the first respondent / Transport Corporation to the credit of M.C.O.P.No.444 of 2017 on the file of the Motor Accident Claims Tribunal (Special Sub-Court), Madurai.

5.With these observations, the petition is disposed of. sd/- 06/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

+1 CC to M/s.S.M.MOHAN GANDHI, Advocate ( SR-2455[I] dated 06/02/2020) ORDER IN CMP(MD) No.1210 of 2020 IN CMA(MD) No.785 of 2019 Date :06/02/2020 PS TE/PN/SAR-IV : 13/02/2020 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2