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Madras High CourtCMP(MD)/2942/2022allowed

Bhaskar v. The Managing Director

2022-04-22Honourable Mr Justice Rmt. Teekaa Raman2 pages

CMP(MD) No.2942 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Second day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CMP(MD) No.2942 of 2022 IN CMA(MD) No.1097 of 2021

1. BHASKAR

2. SUNDARI

3. RAMYA ... PETITIONERS/RESPONDENTS/PETITIONERS Vs

1. THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION, KUMBAKONAM, OFFICE LOCATION RAILWAY STATION NEW ROAD, KUMBAKONAM,

2. THE ASSISTANT DIRECTOR, TAMILNADU GOVERNMENT TRANSPORT CORPORATION, MAINTENANCE AND ADMINISTRATION OFFICE, THANJAVUR, OFFICE LOCATION KARANTHAI, THANJAVUR.

... RESPONDENTS/APPELLANTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass a necessary order by allowing this petition and thereby permit the petitioner to withdraw 50 percent of the award amount together with proportionate interest and costs which was deposited by the Appellants in MCOP.No.565 of 2019 dated 15-09-2020 before the MACT,(Special District Court)Thanjavur.

Prayer in CMA(MD). 1097/2021 :

To set aside the impugned award passed in MCOP.No.565 of 2019 dated 15-09-2020 on the file of the MACT(Special District Court), Thanjavur.

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.A.BANUMATHY, Advocate for M/S.K.M.KARUNAKARAN, Advocate for the petitioner and of MR.P.M.VISHNUVARTHAN, Advocate on behalf of the Respondents, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.2942 of 2022 court made the following order:- This Petition is filed seeking permission to the Petitioners to withdraw 50% of the award amount together with proportionate interest and costs which was deposited by the appellants in M.C.O.P.No.565 of 2019, dated 15.09.2020 before the Motor Accidents Claims Tribunal(Special District Court),Thanjavur. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.Accepting the reasons stated in the accompanying affidavit filed in support of this Petition and on being satisfied with the same, this Petition is allowed and the Petitioners are permitted to withdraw a sum of Rs.5 lakhs with proportionate accrued interest and costs as per the ratio of apportionment made by the Tribunal. sd/- 22/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THANJAVUR DISTRICT.

+1 CC to M/s.K.M.KARUNAKARAN, Advocate (SR-3724[I] dated 22/04/2022 )

ORDER

IN CMP(MD) No.2942 of 2022 IN CMA(MD) No.1097 of 2021 Date :22/04/2022 vsn USK/VR/SAR-II/27.04.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2