Saravanan, v. Bajaj Allianz General Insurance Company Limited,
CMP(MD) No.6097 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Third day of August Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CMP(MD) No.6097 of 2021 and CMA(MD)NO.515 OF 2021 SARAVANAN ... PETITIONER/1st RESPONDENT/ 1st RESPONDENT Vs 1 BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, THROUGH ITS BRANCH MANAGER, RAGAVI CENTRE, GROUND FLOOR AND 1, 2ND FLOOR, NETHAJI NAGAR, NANJUNDAPURAM ROAD, RAMANTHAPURAM, COIMBATORE DISTRICT. 1st RESPONDENT/ PETITIONER/APPELLANT 2 RAMALINGA APPASAMY ...
2nd RESPONDENT/ 2nd RESPONDENT/ 2nd RESPONDENT 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 herein to withdraw 50 percentage of the award amount with accrued interest and cost which is deposited by the Appellant in MACOP.No. 1602 of 2017 on the file of the Motor Accidents Claims Tribunal, 6th Additional District Court, Madurai and to pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.
Prayer in CMA(MD). 515/ 2021 :
to set aside the Judgment and decree made in MCOP No.1602 of 2017 dated 07.12.2020 on the file of the Motor Accidents Claims Tribunal, 6th Additional District Court, madurai and allow the appeal with costs.
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.S.M.MOHAN GANDHI, Advocate for the petitioner and of MR.J.S.MURALI, Advocate for the 1st respondent, the court made the following order:- Heard both sides.
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CMP(MD) No.6097 of 2021 2.The learned counsel for the respondent/Appellant would submit that they have no objection for the claimant to withdraw the admitted liability of Rs.8,85,780/-.
3.But, the learned counsel for the petitioner would submit that he may be permitted to withdraw the 50% of the award amount. 4.Considering the facts and circumstances of the case, the claimant is permitted to withdraw a sum of Rs.10,00,000/- with interest and costs by filing necessary application before the Tribunal.
5.The Civil Miscellaneous Petition is disposed of accordingly. 6.The Registry is directed to call for the records. 7.Call on 03.09.2021 sd/- 03/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 6TH ADDITIONAL DISTRICT COURT, THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, MADURAI.
+1 CC to Mr.J.S.MURALI, Advocate ( SR-5134[I] dated 05/08/2021 )
ORDER
IN CMP(MD) No.6097 of 2021 and CMA(MD)NO.515 OF 2021 Date :03/08/2021 DAS MK/SKN/SAR-III/06.08.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2