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Madras High CourtCMP(MD)/2757/2022allowed

Shantha v. The Oriental Insurance Company Ltd

2022-04-01Honourable Mr Justice Rmt. Teekaa Raman2 pages

CMP(MD) No.2757 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the First day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CMP(MD) No.2757 of 2022 IN CMA(MD)No.76 of 2022 1 SHANTHA 2 MUTHUSELVA PRIYA 3 MUTHUSAMY 4 BRUNDHA 5 RAMALAKSHMI 6 MINOR HARINI (MINOR 6TH PETITIONER THROUGH HER MOTHER AND GUARDIAN 5th PETITIONER HEREIN) ... PETITIONERS/RESPONDENTS 1 TO 6 Vs 1 THE ORIENTAL INSURANCE COMPANY LTD, THROUGH ITS BRANCH MANAGER, NO.121 (3), RAJA SHOPPING COMPLEX, OPP.TO PANCHAMUGA VINAYAGAR KOIL, PARAMATHIVELU, NAMAKKAL - 638 182. ... 1st RESPONDENT/APPELLANT 2 SELVARAJA ... 2nd RESPONDENT/7th RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the petitioners to withdraw entire deposited amount to the credit of M.C.O.P. No. 1514 of 2016 on the file of the Motor Accident Claims Tribunal, (II Additional District Judge), Tirunelveli, pending disposal of the above Civil Miscellaneous Petition.

Prayer in CMA(MD). 76/ 2022 :

To set aside the order of the Motor Accident Claims Tribunal cum II Additional District Judge, Tirunelveli made in M.C.O.P. No.1514/2016 dated 20-07-2021 and allow the appeal with costs. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.2757 of 2022 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 M/S.T.SELVAKUMARAN, Advocate for the petitioner and of Mr.C.JAWAHAR RAVINDRAN on behalf of the Respondents the court made the following order:- This Civil Miscellaneous Petition has been filed to permit the petitioners to withdraw entire deposited amount to the credit of M.C.O.P.NO.1514 of 2016 on the file of the Motor Accident Claims Tribunal/II Additional District Judge, Tirunelveli,. 2.Heard both sides and perused the materials available on records.

3.Considering the facts and circumstances of the case, this petitioner is permitted to withdraw entire deposited amount with proportionate accrued interest and costs, by filing appropriate application before the Tribunal.

sd/- 01/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE II ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.

+1. C.C. to M/S.T.SELVAKUMARAN Advocate SR.No.2865

ORDER

IN CMP(MD) No.2757 of 2022 IN CMA(MD)No.76 of 2022 Date :01/04/2022 SA/SVR/SAR.4/07.04.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2