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Madras High CourtCMP(MD)/3712/2018ordered

Kandasami S/O.Chinnaiah, v. The United India Insurance

2018-04-24Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Fourth day of April Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.3712 of 2018 IN CMA(MD) No.1080 of 2017 1 KANDASAMI 2 VASANTHA 3 MURUGESAN 4 MAHESWARI ... PETITIONERS / RESPONDENT No. 1-4 Vs 1 THE UNITED INDIA INSURANCE COMPANY LTD., 463 SRI VISALAM CHITFUND BUILDING, V.O.C. ST., KARAIKUDI, SIVAGANGAI DISTRICT.

... 1st RESPONDENT / APPELLANT 2 S.V.S.VIJAYAKUMAR ... 5th RESPONDENT / 5th RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioners to withdraw 50% of the amount deposited to the credit of M.C.O.P.No.205 of 2016 on the file of the Motor Accidents Claim Tribunal cum Principal Sessions Judge, Pudukottai. Prayer in CMA(MD). 1080/ 2017 :

To set aside the Fair and decreetal Order dated 18.7.2017 made in M.C.O.P.No.205 of 2016 on the file of Motor Vehicle Accident Claims Tribunal/Principal District Court, Pudukkottai and allow the appeal and thus render justice.

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.J. ANANDKUMAR, Advocate for the petitioner the Respondents the court made the following order:- This petition has been filed to permit the petitioners to withdraw 50% of the amount deposited to the credit of MCOP No.205 of 2016 on the file of the Motor Accidents Claims Tribunal Cum Principal Sessions Judge, Pudukottai.

https://hcservices.ecourts.gov.in/hcservices/ 2.Heard both sides.

3.The learned Counsel for the 1st respondent / appellant submitted that the conditional order, dated 06.12.2017, passed by this Court has been complied with.

4. The learned Counsel for the petitioners / claimants seeks permission of this Court to withdraw 50% of the deposited amount, for which, the learned counsel for the appellant has no serious objection.

5.In view of the above submission, the claimants are permitted to withdraw 50% of the deposited amount with proportionate interest and costs as apportioned by the tribunal and this petition is ordered accordingly.

sd/- 24/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SESSIONS JUDGE, MOTOR ACCIDENTS CLAIM TRIBUNAL, PUDUKOTTAI.

2 THE PRINCIPAL DISTRICT JUDGE, MOTOR VEHICLE ACCIDENTS CLAIMS TRIBUNAL, PUDUKOTTAI.

+1. C.C. to M/S.J. ANANDKUMAR Advocate SR.No.7076.

ORDER

IN CMP(MD) No.3712 of 2018 IN CMA(MD) No.1080 of 2017 Date :24/04/2018 SDS/CM:VR/RNB/25.04.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/