Madras High CourtCMP(MD)/6952/2021ordered

K.Uthaman @ Prem v. The Manager

2021-12-02Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.M.P(MD)No.6952 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Second day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice S.ANANTHI C.M.P(MD)No.6952 of 2021 in C.M.A(MD)No.700 of 2020 K.UTHAMAN @ PREM ... PETITIONER/ PETITIONER / 1st RESPONDENT Vs 1 THE MANAGER CHOLAMANDALAM M.S GENERAL INSURANCE COMPANY LTD., CHENNAI-1. ... 1st RESPONDENT / 1st RESPONDENT / PETITIONER 2 SHANTHI GEARS LTD NO.304A, TRICHY SALAI, SINGANALLUR, COIMBATORE TOWN AND DISTRICT. ... 2nd RESPONDENT/ 2nd RESPONDENT / 2nd RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass necessary orders by allowing this petition and thereby permit the petitioner to withdraw half of the award amount together with the entire interests which was deposited by the 1st Respondent/Appellant in M.C.O.P.No.720 of 2016 on the file of the Motor Accident Claims Tribunal cum Additional District and Special Court,Pudukottai,Pudukottai District.

Prayer in CMA(MD). 700/ 2020 :

To set aside the judgment and decree passed in MCOP No.720 of 2016 on the file of the Motor Accident Claims Tribunal, Additional District and Special Judge, Pudukkottai dated 12.09.2019. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.MUTHALRAJ, Advocate for the petitioner, While admitting the CMA., the court made the following order:- This Civil Miscellaneous Petition is filed by the petitioner to permit the petitioner to withdraw half of the award amount together with the entire interest, which was deposited by the first respondent/appellant in M.C.O.P.No.720 of 2016 on the file of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.P(MD)No.6952 of 2021 Motor Accident Claims Tribunal Cum Additional District and Special Court, Pudukottai, Pudukottai District.

2.Perused the records.

3.Considering the facts and circumstances of the case, this petitioner is permitted to withdraw 50% of the award amount with proportionate accrued interest and costs, by filing appropriate application before the Tribunal.

sd/- 02/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO ADDITIONAL DISTRICT AND SPECIAL JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PUDUKOTTAI, PUDUKOTTAI DISTRICT.

+1 CC to MR.NA.PALANIYANDI, Advocate ( SR-8759[I] dated 02/12/2021 )

ORDER

IN C.M.P(MD)No.6952 of 2021 in C.M.A(MD)No.700 of 2020 Date :02/12/2021 MK/VR/SAR.III/08.12.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2