Madras High CourtCMP(MD)/1757/2024closed

V.Selvarasu v. The Branch Manager

2025-01-30Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30-01-2025

CORAM

THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CMP(MD) NO. 1757 of 2024 IN CMA(MD) NO. 1217 OF 2023 V.Selvarasu S/o.Veerasamy, 12, Thendral Nagar, Malaikovil, Thiruverumbur, Trichy.

... Petitioner /1st Respondent/1st Respondent Vs

1. The Branch Manager Bajaj Alliance General Insurance Company Ltd., D-72, 2nd Floor, 7th Cross, Kanchana Enclave, NEE, Thillai Nagar, Trichy.

... 1st Respondent/Petitioner/Appellant

2. A.Saravanan ... 2nd Respondent /2nd Respondent/2nd Respondent 1/3

For Petitioner :

Mr.S.M.Mohan Gandhi, Advocate

ORDER

(Order of the Court was made by the Hon'ble G.R.Swaminathan J.) Heard both sides.

2.The insurance company filed the civil miscellaneous appeal questioning the award passed in M.C.O.P.No.812 of 2014 on the file of the Special Sub Court / Mother Accidents Claims Tribunal, Tiruchirappali. This Court granted interim stay on condition to deposit 50% of the award amount. The said condition has been complied with. Now the claimant / petitioner filed this miscellaneous petition for withdrawal.

3.It is a case of injury. After considering the materials on record and rival contentions, we are of the view that interest of justice will be met by permitting the petitioner to withdraw a sum of Rs.7,00,000/- (Rupees Seven Lakhs Only) from the deposited amount.

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4.This civil miscellaneous petition is allowed accordingly. Sd/- 30/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ias TO THE SPECIAL SUB JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUCHIRAPPALLI.

+1 CC to M/s.K.R.SHIVA SHANKARI, Advocate ( SR-1111[I] dated 30/01/2025 ) +1 CC to M/s.S.M.MOHAN GANDHI, Advocate ( SR-1155[I] dated 30/01/2025 ) ORDER IN CMP(MD) No.1757 of 2024 in CMA(MD).No.1217 of 2023 Date :30/01/2025 ES/GSV/SAR /27.02.2025/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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