Lakshmi v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Second day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN and The Hon`ble Mr.Justice P.B. BALAJI CMP(MD) No.5924 of 2023 in CMA(MD) No.154 of 2022 1 LAKSHMI ... PETITIONER NO.1/RESPONDENT NO.4/ RESPONDENT NO.4 2 MARUTHAMUTHU ... PETITIONER NO.2/RESPONDENT NO.5/ RESPONDENT NO.5 Vs 1 THE MANAGING DIRECTOR KARNATAKA STATE TRANSPORT CORPORATION, CENTRAL OFFICE, BENGALURU 560 027.

...RESPONDENT NO.1/PETITIONER/ APPELLANT 2 MALARVIZHI ...RESPONDENT NO.2/RESPONDENT NO.1/ RESPONDENT NO.1 3 MINOR.RITHIKA ...RESPONDENT NO.3/RESPONDENT NO.2/ RESPONDENT NO.2 1/4

4 MINOR.THANSIKA ...RESPONDENT NO.4/RESPONDENT NO.3/ RESPONDENT NO.3 ( MINORS ARE REPRESENTED THROUGH THEIR MOTHER AND NATURAL GUARDIAN MALARVIZHI THE 2ND RESPONDENT HEREIN) 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 herein to withdraw Rs.3,00,000/- each from the amount deposited by the 1st Respondent with Indian Bank, High Court, Madurai Bench in pursuant to the order passed by this Honourable Court in CMP(MD).No. 1380 of 2022 in CMA(MD). No. 154 of 2022 dated 14-06-2022 and thus render justice. Prayer in CMP(MD).No. 1380 of 2022 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an Ad-interim stay of all further proceedings pursuant to the impugned award (Judgement and Decree) passed in MCOP.No.752 of 2016 dated 23.11.2010 on the file of the MACT (Special District Court) Tiruchirappalli pending disposal of the above appeal. Prayer in CMA(MD). 154/2022 :

To set aside the impugned award (Judgement and Decree) passed in MCOP No.752 of 2016 dated 23.11.2020 on the file of the MACT (Special District Court), (Dealing with MCOP Cases), Tiruchirupalli.

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.R.J.KARTHICK, Advocate for the petitioners and of MR.D.SIVARAMAN, on behalf of the Respondent No.1, the court made the following order:- It appears that the petitioners/claimants along with other claimants filed the claim petition claiming compensation for the death of their son in a road transport accident. After trial, the tribunal has awarded Rs.1,17,64,795/-. 2/4

2. At the time of admission of the appeal, this Court granted conditional stay on deposit of Rs.50,00,000/- of the award amount. The wife of the deceased was permitted to withdraw Rs.25,00,000/- as per the order of this Court. This petition is filed by the parents of the deceased to withdraw Rs.3,00,000/- each.

3. Without prejudice to the rights and contentions of both the parties, the petitioners/claimants are permitted to withdraw Rs.2,00,000/- each (Rupees two lakhs only).

sd/- 22/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. -I, II, III, IV) Madurai Bench of Madras High Court, Madurai - 625 023.

rr TO 1.THE SPECIAL DISTRICT JUDGE, (DEALING WITH MCOP CASES), MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUCHIRAPALLI.

COPY TO THE BRANCH MANAGER, INDIAN BANK, HIGH COURT BRANCH, MADURAI.

+1 CC TO MR.R.J.KARTHICK, Advocate SR-18300 3/4

ORDER IN CMP(MD) No.5924 of 2023 in CMA(MD) No.154 of 2022 Date :22/12/2023 RK/VR (29/12/2023) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4