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Madras High CourtCMP(MD)/4756/2022ordered

Subbiah, v. The Managing Director,

2022-09-13Honourable Mr Justice K.Murali Shankar2 pages

CMP(MD) No.4756 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Thirteenth day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CMP(MD) No.4756 of 2022 IN CMA(MD) No.237 of 2022 SUBBIAH ... PETITIONER/RESPONDENT Vs THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) PUDUKOTTAI.

... RESPONDENT/APPELLANT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the petitioner to withdraw 50 percentage of the award amount with entire accrued interest and the cost lying in the credit of M.C.O.P. No. 123 of 2014 on the file of the Motor Accident Claims Tribunal (Principal Sub Judge), Pudukottai and pending disposal of the above appeal.

Prayer in CMA(MD). 237/ 2022 :

Pleased to set aside the impugned award passed in MCOP No. 123 of 2014 dated 20.12.2019 on the file of MACT (principal sub judge), pudukottai.

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.D.VENKATESH, Advocate for the petitioner and of Mr.P.M.VISHNU VARDHANAN, Advocate on behalf of the Respondent, the court made the following order:- This Civil Miscellaneous Petition has been filed to permit the petitioner to withdraw 50% of the award amount with entire accrued interest and the cost lying in the credit of M.C.O.P.No.123 of 2014 on the file of the Motor Accidents Claims Tribunal (Principal Sub Judge), Pudukottai.

2. Heard the learned counsel appearing for the petitioner and the respondent.

https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.4756 of 2022

3. The learned counsel for the respondent would submit that as per the interim order passed by this Court dated 22.03.2022, the respondent has already deposited 50% of the award amount with proportionate interest and costs before the Tribunal and they have no objection to withdraw the same.

4. In view of the above, this Court permits the petitioner to withdraw 50% of the award amount together with proportionate interest and costs, which was lying in the credit of M.C.O.P.No.123 of 2014 on the file of the Motor Accidents Claims Tribunal (Principal Sub Judge), Pudukottai, as per the apportionment fixed by the Tribunal, on filing necessary application before the Tribunal.

5. Accordingly, this Civil Miscellaneous Petition is ordered. sd/- 13/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PUDUKOTTAI.

+1. C.C. to M/S.D. VENKATESH Advocate SR.No.10017

ORDER

IN CMP(MD) No.4756 of 2022 IN CMA(MD) No.237 of 2022 Date :13/09/2022 csm SA/SVR/SAR.1/16.09.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2