N.Selvi v. M/S.Bajaj Allianz General Insurance Company Ltd
CMP(MD) No.3126 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eleventh day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CMP(MD) No.3126 of 2022 in CMA(MD)No. 1007 of 2021 1 N.SELVI 2 N.TAMILARASAN 3 N.ARUNKUMAR ... PETITIONERS/RESPONDENTS 1 TO 3 Vs 1 M/S.BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD, THROUGH ITS MANAGER, BYE PASS ROAD, MADURAI-10, MADURAI.
...1st RESPONDENT/APPELLANT 2 V.M.RAJENDRAN 3 THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, OPPOSITE TO OLD BUS STAND, THENI POST, THENI DISTRICT.
...RESPONDENTS 2 & 3/ RESPONDENTS 4 & 5 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 MCOP No.3 of 2019 on the file of the Motor Accident Claims Tribunal Judge cum Sessions Judge/Mahila Fast Track Judge of Theni, pending disposal of the above Civil Miscellaneous Petition. Prayer in CMA(MD). 1007/ 2021 :
Pleased to set aside the judgment and decree dated 08.04.2021 passed in MCOP No.03 of 2019 on the file of the Motor Accident Claims Tribunal Judge cum Sessions Judge/Mahila Fast Track Judge of Theni by allowing this appeal and thus render justice. 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 MR.T.SELVAKUMARAN, Advocate for the petitioner and of MR.V.SAKTHIVEL, Advocate on behalf of the https://hcservices.ecourts.gov.in/hcservices/ 1/2
CMP(MD) No.3126 of 2022 1st Respondent and the 2nd Respondet not appearing either in person or by an advocate and MR.C.KARTHIK, Advocate for the 3rd respondet, 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 MCOP No.3 of 2019 on the file of the Motor Accident Claims Tribunal Judge cum Sessions Judge/Mahila Fast Track Judge of Theni. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.Considering the fact that the liabilities as well as the quantum are under challenge, I am inclined to withdraw a sum of Rs.3,00,000/-(Three Lakhs Only) of the amount deposited. 4.Accordingly, this Civil Miscellaneous Petition is allowed and the petitioners are permitted to withdraw a sum of Rs.3,00,000/- (Three Lakhs Only) of the amount deposited with proportionate accrued interest and costs, as per the ratio of apportionment made by the Tribunal, by filing appropriate application before the Tribunal.
sd/- 11/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE SESSIONS JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MAHILA FAST TRACK JUDGE, THENI.
+1 CC to M/s.T.SELVAKUMARAN, Advocate (SR-3273[I] dated 12/04/2022 )
ORDER
IN CMP(MD) No.3126 of 2022 in CMA(MD)No. 1007 of 2021 Date :11/04/2022 tta PKP/RJ/SAR-1/18.04.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2