Kannan v. The Proprietor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourteenth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM CMP(MD) No.8515 of 2016 IN CMA(MD) No.146 of 2015 KANNAN ... PETITIONER/APPELLANT Vs 1 THE PROPRIETOR M/S.K.S.S.BUS TRANSPORT FIRM, NO.488/3, V.O.C.ROAD, KARAIKUDI TOWN, SIVAGANGAI DISTRICT.

2 THE BRANCH MANAGER NATIONAL INSURANCE COMPANY, 2ND FLOOR, 331/1 CHECKALAI ROAD, KARAIKUDI TOWN, SIVAGANGAI DISTRICT ... 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 petitioners to withdraw the 50% of the deposited award amount with accrued interest and cost in CMA.No.146/2016, pending disposal of the above appeal.

Prayer in CMA(MD). 146/ 2015 :

To modify the judgment and Decree dated 06/08/2012 made in 109 of 2009 on the file of Motor Accidents Claims Tribunal , Devakottai .

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.SIVA THILAKAR, Advocate for the petitioner and the court made the following order:- This petition is allowed and the petitioner is permitted to withdraw 50% of the award amount with accrued interest and costs. 2 The Registry is directed to post the main appeal for final hearing.

sd/- 14/11/2016 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, DEVAKOTTAI JAM/17.11.16/SS 2/SAR I/ 2p-2c

ORDER

IN CMP(MD) No.8515 of 2016 IN CMA(MD) No.146 of 2015 Date :14/11/2016 https://hcservices.ecourts.gov.in/hcservices/