Madras High CourtCMP(MD)/2236/2021ordered

Hamitha Banu, v. The Branch Manager,

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

CMP(MD) No.2236 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 CMP(MD) No.2236 of 2021 IN CMA(MD)No.222 of 2020 1 HAMITHA BANU 2 RAMJITH BEGAM 3 AKBAR ALI 4 JOHNSHA BEGAM 5 SYYED IBURAMSHA ... PETITIONERS/RESPONDENTS Vs 1 THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., MADURAI.

... 1st RESPONDENT/APPELLANT 2 VELANI ... 2nd RESPONDENT/6th 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 1, 2 and 4 to withdraw their respective share on the file of the Motor Accident Claims Tribunal Cum Principal District Judge, Additional District Judge (FAC), Ramanathapuram in M.C.O.P.No.57 of 2017 dated 14.10.2019. Prayer in CMA(MD). 222/ 2020 :

To set aside the Decree and Judgment made in M.C.O.P.No.57 of 2017 dated 14-10-2019 on the file of the Motor Accident Claims Tribunal Cum Principal District Judge, Additional District Judge (F.A.C), Ramanathapuram.

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 M/S.A.R.KANNAPPAN, Advocate for the petitioner and of Mr.A.ILANGO, Advocate on behalf of the 1st Respondent, the court made the following order:- This Civil Miscellaneous Petition is filed seeking permission to the petitioners 1, 2 & 4 to withdraw their respective shares deposited to the credit of the M.C.O.P.No.57 of 2017 on the file of the Motor Accidents Claims Tribunal Cum Principal District Judge, Additional District Judge (FAC), Ramanathapuram in M.C.O.P.No.57 of 2017, dated 14.10.2019.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.2236 of 2021 2.Perused the records.

3.Considering the facts and circumstances of the case, the petitioners 1, 2 & 4 are 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.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO THE PRINCIPAL DISTRICT JUDGE/ADDITIONAL DISTRICT JUDGE (FAC), MOTOR ACCIDENTS CLAIMS TRIBUNAL, RAMANATHAPURAM. +1. C.C. to M/S.A.R.KANNAPPAN, Advocate SR.No.8859

ORDER

IN CMP(MD) No.2236 of 2021 IN CMA(MD)No.222 of 2020 Date :02/12/2021 SA/PN/SAR.3/07.12.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2