Karthikeyan v. The Branch Manager

CMP(MD) No.2449 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Seventeenth day of March Two Thousand Twenty PRESENT The Hon`ble Mr.Justice S.S.SUNDAR and The Hon`ble Mrs.Justice T.KRISHNAVALLI CMP(MD) No.2449 of 2020 IN CMA(MD) No.25 of 2019 KARTHIKEYAN ... PETITIONER/ 1st RESPONDENT Vs 1 THE BRANCH MANAGER THE ORIENTAL INSURANCE COMPANY 12-30, D.S.P. COMPLEX, KARUR MAIN ROAD, VELAYUTHAM PALAYAM, KARUR.

...1st RESPONDENT/ APPEALLANT 2 K. RAVICHANDRAN 3 NATESAN ... RESPONDENTS 2 & 3/ RESPONDENTS 2 & 3 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioner to withdraw 50% of the amount deposited by the 1st Respondent Iying to the Credit of CMA (MD) No. 25/2019 on the file of this Honourable Court.

Prayer in CMA(MD). 25/ 2019 :

To set aside the decree and judgment passed in M.C.O.P.No.5 of 2015, dated 02.01.2018, on the file of the Motor Accident Claims Tribunal cum Sub Judge, Srivillliputtur.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.ASHOK KUMAR, Advocate for the petitioner and of Mr.K.BHASKARAN, Advocate for R1, and R2 & R3 not appeared either in person or by an advocate, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.2449 of 2020 (Order of this court was made by S.S.SUNDAR, J.) This petition is filed to withdraw 50% of the amount deposited by the 1st respondent lying to the Credit of C.M.A.(MD).No.25 of 2019 on the file of this Court. The Insurance Company has no serious objection for withdrawal of 50% of the award deposited by the first respondent as per the award in M.C.O.P.No.5/2015 on the file of Motor Accident Claims Tribunal, Srivilliputhur. Since the amount that was deposited was directed to be transferred to the credit of CMA(MD).No.25 of 2019 by earlier order of this Court, the petitioner can be permitted to withdraw the 50% of the amount. 2.Hence, this petition is ordered as prayed for. sd/- 17/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, SRIVILLLIPUTTUR.

+1 CC to M/s.M.ASHOK KUMAR, Advocate ( SR-5360[I] dated 17/03/2020 )

ORDER

IN CMP(MD) No.2449 of 2020 IN CMA(MD) No.25 of 2019 Date :17/03/2020 MS/VR/SAR-1/18.03.2020/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2