Minor. Manoj, v. National Insurance Company Limited

CMP(MD) No.2094 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Eighth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CMP(MD) No.2094 of 2022 in C.M.A(MD)No.681 of 2021 MINOR. MANOJ (REPRESENTED THROUGH HIS MOTHER AND NEXT GUARDIAN MALLIGA) ... PETITIONER/1st RESPONDENT/ 1st RESPONDENT Vs

1. NATIONAL INSURANCE COMPANY LTD, THROUGH ITS DIVISIONAL MANAGER, NO.37C, S.N. HIGH ROAD, TIRUNELVELI DISTRICT.

... RESPONDENT/PETITIONER/ APPELLANT

2. RAMARVEL ... RESPONDENT/2nd RESPONDENT/ (R2 exparte in Tribunal Notice 2nd RESPONDENT dispensed with).

Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to withdraw 50% of the deposited award amount deposited to the credit of MCOP. No. 336 of 2017 on the file of MACT Tirunelveli Special Sub Court dealing with MCOP Cases pending disposal of the above CMA (MD)No. 681 of 2021.

Prayer in CMA(MD). 681/2021 :

To set aside the Judgment and Decree in MCOP.No. 336 of 2017 dated 16-12-2020 on the file of the Motor Accidents Claims Tribunal, Special Sub Court dealing with MCOP Cases, Tirunelveli and allow the appeal with costs.

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.M.S.SURESH KUMAR, Advocate for the petitioner and of MR.J.S.MURALI, Advocate on behalf of the 1st Respondent and Respondent No.2 Exparte, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.2094 of 2022 This Civil Miscellaneous Petition has been filed to permit the petitioner to withdraw 50% of the deposited award amount to the credit of M.C.O.P.No.336 of 2017 on the file of the Motor Accident Claims Tribunal, Special Sub-Court, Tirunelveli, dealing with M.C.O.P Cases, pending disposal of C.M.A(MD).No.681 of 2021. 2.Heard both sides and perused the materials available on records.

3.Considering the facts and circumstances of the case, the petitioner is permitted to withdraw the interest of the deposited amount once in every month for his welfare.

sd/- 28/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUBORDIANTE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.

+1 CC to M/s.M.S.SURESH KUMAR, Advocate ( SR-3983[I] dated 28/04/2022 )

ORDER

IN CMP(MD) No.2094 of 2022 in C.M.A(MD)No.681 of 2021 Date :28/04/2022 ssb USK/JM/SAR-II/05.05.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2