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Madras High CourtCMP(MD)/7148/2016ordered

M.Prema v. The Branch Manager

2016-08-05Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifth day of August Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CMP(MD) No.7148 of 2016 IN CMA(MD) No.233 of 2016 1 M.PREMA 2 M.SIVA 3 M.CHITRA 4 M.PANDEESWARI ... PETITIONERS 1 to 4/ RESPONDENTS 1 TO 4/ RESPONDENTS 1 TO 4 Vs 1 THE BRANCH MANAGER M/S. RELIANCE GENERAL INSURANCE COMPAY LIMITED, PLOT NO.HIG 55, SRI MEENAKSHI PALZA, 1ST FLOOR, 80 FEET ROAD, ANNA NAGAR, MADURAI - 625 020.

...1ST RESPONDENT/PETITIONER/APPELLANT 2 V.KUMARAVEL ...2ND RESPONDENT/5TH RESPONDENT/ 5TH RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to withdraw the 50% of the award amount with accrued interest and costs deposited in the credit of MCOP.No.2222/2014 in CMA.(MD). No.233/2016 in the Indian Bank, High Court Branch, Madurai Bench of Madras High Court, Madurai 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. M.THILAGARAJ, Advocate for the petitioner and of MR.S.SRINIVASA RAGHAVAN, Advocate for R1 the court made the following order:- This petition has been filed to permit the petitioners to withdraw 50% of the award amount with accrued interest and costs deposited in the credit of M.C.O.P.No.2222 of 2014 in C.M.A.No.233 of 2016 in Indian Bank, High Court Branch, Madurai Bench of Madras High Court, Madurai.

2. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the first respondent. https://hcservices.ecourts.gov.in/hcservices/

3. It is seen that the appeal has been filed only on quantum and the liability is not disputed. Hence, the petition is allowed and the petitioners/claimants 1 to 4 are permitted to withdraw 50% of their share in the award amount along with proportionate interest and costs and the balance amount shall be in the Bank deposit till the disposal of this appeal.

sd/- 05/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL, V ADDITIONAL DISTRICT JUDGE, MADURAI Copy To:

The Manager, Indian bank, Madurai Bench of Madras High Court, Madurai +1. C.C. to M/S. M.THILAGARAJ Advocate SR.No.42318

ORDER

IN CMP(MD) No.7148 of 2016 IN CMA(MD) No.233 of 2016 Date :05/08/2016 AA/KBM/SAR-I/11.08.2016/2p-4c https://hcservices.ecourts.gov.in/hcservices/