Sivaji v. Periyasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Eighth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in CMA(MD) No.759 of 2023 1 SIVAJI 2 NACHAMMAI 3 ANANDRAJ 4 MADHANRAJ ... PETITIONERS/APPELLANTS Vs 1 PERIYASAMY 2 THE ORIENTAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS MANAGER, 94-E, SOUTH KALIAMMAN KOIL STREET, NEAR CANARA BANK, PATTUKOTTAI.

3 SYED ALAMA 4 THE IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS BRANCH MANAGER, NO.82, PRETHAM PLAZA 1ST FLOOR, CHANDRA KANDHI NAGAR, PONMENI, BYE PASS ROAD, MADURAI ... RESPONDENTS/RESPONDENTS (NO RELIEF SOUGHT AGAINST THE RESPONDENTS 3 & 4. HENCE NOTICE NOT NECESSARY FOR THEM) 1/3

Civil Miscellaneous 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 the deposited amount in the account of MCOP.No. 2298 of 2017, on the file of the Motor Accident Claims Tribunal (Special District Court) , Madurai.

Prayer in CMA(MD). 759/ 2023 :

To set aside the award dated 06-01-2023 passed in MCOP No.2298 of 2017 on the file of the Motor Accident Claims Tribunal (Special District Court) Madurai and to enhance the compensation.

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 MR.I.ROBERT CHANDRA KUMAR, Advocate for the petitioner and of MR.C.KARTHIK, Advocate on behalf of the 2nd Respondent, the court made the following order:- The learned Counsel for the petitioners/appellants submitted that the second respondent had already deposited the award amount. The claimants are entitled to withdraw the same as per law. As far as the enhancement is concerned, post the case on 17.04.2024.

sd/- 28/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

jbr TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL (SPECIAL DISTRICT JUDGE), MADURAI.

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+1 CC to M/s.I.ROBERT CHANDRA KUMAR, Advocate ( SR-3954[I] dated 28/03/2024 )

ORDER

IN in CMA(MD) No.759 of 2023 Date :28/03/2024 RS/JGB/SAR-(05.04.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3