Gabiel Durairaj v. Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Seventh day of July Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice K.MURALI SHANKAR CMP(MD) No.2830 of 2021 IN CMA(MD)No.15 of 2020 1 GABRIEL DURAIRAJ 2 GANDHIMATHI 3 BASKAR 4 RASU ... CLAIMANTS/RESPONDENTS/ PETITIONERS Vs MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM LTD), KARAIKUDI, SIVAGANGAI DISTRICT. ... RESPONDENT/APPELLANT/ RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the petitioners to withdraw the 50 percentage compensation amount of Rs.6,93,000/- with interest now deposited in State Bank of India Bharathi Nagar Branch (IFSC No. SBI N0000908) A.C.No.35970524102 in the name of Principal District Judge (MACT) as per the order of this Honourable Motor Accident Claims Tribunal, District Court, Ramanathapuram dated 18.03.2019 in M.C.O.P.No.31 of 2017 within the time stipulated by this Honourable Court. Prayer in CMA(MD)No.15/2020 :

To set aside the impugned award passed in M.C.O.P.No.31 of 2017 on the file of the MACT (Principal District Judge), Ramanathapuram dated 18.03.2019.

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.R.ALAGUMANI, Advocate for the petitioners and of Mr.P.M.VISHNUVARTHANAN, Advocate for the Respondent, the Court made the following order:- This petition has been filed by the petitioners seeking permission of this Court to withdraw 50% award amount, which was lying in the credit of MCOP.No. 31 of 2017, on the file of the Motor Accidents Claims Tribunal, Principal District Court, Ramanathapuram. https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel appearing for the respondent / Transport Corporation would submit that they have no objection to allow this petition.

3. In view of the same, the petitioners are permitted to withdraw 50% of the award amount together with interest as per the apportionment fixed by Tribunal, on filing necessary application before the Tribunal.

4. This petition is ordered accordingly.

sd/- 07/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, RAMANATHAPURAM.

+1 CC to Mr.R.ALAGUMANI, Advocate ( SR-4404[I] dated 08/07/2021 )

ORDER

IN CMP(MD) No.2830 of 2021 IN CMA(MD)No.15 of 2020 Date :07/07/2021 TRP TE/JC/SAR-IV : 09/07/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/