S.Mani v. A.Prakash

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty First day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in CMA(MD) No.897 of 2022 S.MANI ... Petitioner / 1st Respondent / Petitioner Vs 1 A.PRAKASH ... 1st Respondent / 2nd Respondent / 1st Respondent 2 THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, OFFICE AT NO. 19/1, FIRST FLOOR, KALPANA COMPLEX, BIRDS ROAD, TRICHY.

... 2nd Respondnt / Appellant / 2nd Respondent Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to withdraw the 50 percent of the tribunal award amount with proportionate accured interest and costs which was deposited by the 2nd respondent in M.C.O.P. No. 184/2019 on the file of the Motor Accident Claims Tribunal - Chief Judicial Magistrate Court, Karur.

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Prayer in CMA(MD). 897/ 2022 :

Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act to allow this appeal and set aside the judgment and Decree dated 19.04.2022 made in M.C.O.P. No. 184/2019 on the file of the Motor Accident Claims Tribunal - Chief Judicial Magistrate Court, Karur.

ORDER : This civil miscellaneous 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.N.SUDHAGAR NAGARAJ, Advocate for the petitioner and of Mr.P.MATHIAGAN, Advocate on behalf of the Respondent No.2, the court made the following order:- The petitioner / claimant is permitted to withdraw 50% of the Tribunal award amount with proportionate accrued interest and costs which was deposited by the Insurance Company in M.C.O.P.No.184 of 2019 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate Court, Karur. Hence, this petition is ordered.

sd/- 21/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TMG To The Chief Judicial Magistrate, Motor Accident Claims Tribunal, Karur.

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+1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate ( SR-2218[I] dated 22/02/2024 )

ORDER

IN in CMA(MD) No.897 of 2022 Date :21/02/2024 ED/GS /SAR- (26/02/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3