Vethambal v. The Oriental Insurance

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Sixteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice K.RAVICHANDRABAABU and The Hon`ble Mrs.Justice T.KRISHNAVALLI CMP(MD) No.5398 of 2018 IN CMA(MD) No.358 of 2018 1 VETHAMBAL 2 MUTHUVEERA SIVAGAMI 3 NALLASIVAN 4 SIVAGAMI ... PETITIONERS/RESPONDENTS Vs 1 THE ORIENTAL INSURANCE COMPANY LIMITED., THROUGH ITS BRANCH MANAGER, OFFICE AT NO.144, MAIN ROAD, VALLIYOOR - TIRUNELVELI DISTRICT. ... APPELLANT/RESPONDENT RAJAN (DIED) 2 RAMALAKSHMI 3 PACKIATHAI ... RESPONDENTS (2nd AND 3rd RESPONDENTS REMAINED EXPARTE BEFORE THE LEARNED LOWER COURT) 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 award amount with entire accrued interest and cost in the credit of M.C.O.P.No.281 of 2013 on the file of the Motor Accidents Claims Tribunal, 1st Additional District and Sessions Judge, Tirunelveli 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 MR.R.JIM, Advocate for the petitioner and of MR.K.BHASKARAN, Advocate, on behalf of the Respondents the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ This petition is filed to permit the petitioner to withdraw 50% of the award amount with entire accrued interest and cost in the

credit of M.C.O.P.No.281 of 2013 on the file of the Motor Accidents Claims Tribunal, 1st Additional District and Sessions Judge, Tirunelveli.

2. Heard the learned counsel for the petitioner and the learned counsel appearing for the 1st respondent/Insurance Company.

3. The learned counsel appearing for the 1st respondent/ Insurance Company has strongly opposed this petition.

4. In the interest of justice, this Court is inclined to permit the petitioner to withdraw 35% of the deposited amount Accordingly, the petitioner is permitted to withdraw 35% of the deposited amount in the credit of M.C.O.P.No.281 of 2013 on the file of the Motor Accidents Claims Tribunal, 1st Additional District and Sessions Judge, Tirunelveli..

sd/- 16/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL, I ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUNELVELI +1. C.C. to M/R.R.JIM, Advocate SR.No.13188 +1. C.C. to M/R.K.BASKARAN, Advocate SR.No.13120

ORDER

IN CMP(MD) No.5398 of 2018 IN CMA(MD) No.358 of 2018 Date :16/07/2018 PK/JC/ASVM/19.07.2018 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/