Maria Daniel Andrews v. M/S. Oriental Insurance Company Limited,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fourth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice SUNDER MOHAN in CMA(MD)No.500 of 2023 MARIA DANIEL ANDREWS ... PETITIONER/1st RESPONDENT Vs 1 M/S. ORIENTAL INSURANCE COMPANY LIMITED, THROUGH ITS BRANCH MANAGER, AVINASI.

... 1st RESPONDENT/APPELLANT 2 BALASUBRAMANIAN, 3 SELVAM, (RESPONDENT NOS. 2 AND 3 GIVEN UP) ... RESPONDENTS/RESPONDENTS 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 petitioner to withdraw 50 percentage of the award amount deposited to credit of M.C.O.P.No.162 of 2017 on the file of the Motor Accident Claims Tribunal (Additional Sub Court), Tenkasi pending disposal of the above civil miscellaneous petition.

Prayer in CMA(MD). 500/ 2023 :

Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act to set aside the order of the Motor Accident Claims Tribunal cum Additional Sub Court, Tenkasi made in M.C.O.P. No. 162/2017, dated 03.02.2023 and allow the appeal with costs 1/3

ORDER : This Civil Miscellaneous 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.L. SIVA, Advocate for the petitioner and of Mr.C.JAWAHAR RAVINDRAN, Advocate on behalf of the 1st Respondent, the Court made the following order:- This petition is filed seeking permission to withdraw 50% of the award amount deposited.

2. The learned counsel for the first respondent submitted that admitted liability is Rs.2,54,747/-

3. Hence, the petitioner is permitted to withdraw Rs.2,50,000/- out of the deposited amount with accrued interest.

4. This petition is ordered accordingly.

sd/- 24/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

CM 2/3

TO THE ADDITIONAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TENKASI

ORDER

IN in CMA(MD)No.500 of 2023 Date :24/10/2024 SS/JGB/SAR- /06/11/2024/ 3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3