Nagamani v. The Divisional Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27-06-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R. POORNIMA IN CMA(MD) NO.1399 of 2024 Nagamani S/o. Sethuraman, 70/2, Alageri Street, Nethaji Street Last, Jaihindpuram, Madurai.

Petitioner(s) Vs The Divisional Manager Bajaj Allianz General Insurance Company Limited, 184/25, First Floor, KPS Shopping Arcade, By pass Road, Madurai 16. Respondent(s) Prayer: Petition filed under Section 151 of C.P.C., to permit the petitioner to withdraw 50% of the award amount i.e., Rs.37,55,201/- with proportionate interest deposited into credit of M.C.O.P.No.903 of 2019 on the file of the Motor Accident Claims Tribunal cum Special Sub Judge, Madurai as per the order passed in and in CMP.No.15157 of 2024 in CMA(MD) No.1399 of 2024 pending disposal of the main Civil Miscellaneous Appeal.

For Petitioner(s):

M/s.S.Mahendrapathy

ORDER

(Order of the Court was made by the Hon'ble A.D.JAGADISH CHANDIRA J.) This Court by order dated 28.10.2024 in CMA(MD)No.1399 of 2024, had 1/3

granted a conditional interim stay of the award, subject to a condition that the appellant shall deposit 50% of the award amount to the credit of MCOP.No.903 of 2019 on the file of the Motor Accidents Claims Tribunal cum Special Sub Judge, Madurai, within a period of three weeks. Seeking to withdraw 50% of the award amount, the petitioner/claimant has filed this petition stating that in order to meet his treatment expenses and family expenses, the said amount is required. Considering the reasons stated for withdrawal of the award amount, we permit the petitioner/claimant to withdraw 50% of the deposited amount lying in the credit of the claim petition along with proportionate interest. The Tribunal shall disburse the said amount to the petitioner expeditiously without insisting upon any formal permission petition.

This petition is ordered accordingly .

sd/- 27/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

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+1 CC to M/s.S.MAHENDRAPATHY, Advocate ( SR-6861[I] dated 27/06/2025 )

ORDER

IN IN CMA(MD) NO.1399 of 2024 Date :27/06/2025 SA/SAR. /08.07.2025/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3