Shanmugathai v. The Divisional Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirtieth day of January Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.12282 of 2018 IN CMA(MD) No.223 of 2018 1 SHANMUGATHAI 2 MADASAMY 3 CHELLATHAI ... RESPONDENTS 1 TO 3/ PETITIONERS Vs 1 THE DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LTD., TENKASI.
... APPELLANT/ 1st RESPONDENT 2 MURUGESAN ... 4th RESPONDENT/ 2nd RESPONDENT 3 THIRUMALAIKUMAR ... 5th RESPONDENT/ 3rd RESPONDENT (R2 & R3 IN THIS PETITION SET EXPARTE 3RD RES IN LOWER COURT) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to withdraw the admitted liability amount from the amount deposited into the credit of MCOP.No.26 of 2017 on the file of the Motor Accidents Claims Tribunal, Additional District Court, Tenkasi pending disposal of the above CMA(MD).No.223 of 2018 and thus render justice.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.N.SANKAR GANESH, Advocate for the petitioners and of Mr.J.S.MURALI, Advocate for R1, the court made the following order:- This petition has been filed by the petitioners/claimants seeking permission of this Court to withdraw the admitted liability amount from the already deposited amount, lying in the credit of M.C.O.P.No.26 of 2017, on the file of the Motor Accidents Claims Tribunal, Additional District Court, Tenkasi, pending disposal of the above Civil Miscellaneous Appeal.
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2.Heard the learned counsel appearing for the first respondent Insurance Company, who has not raised any objection for the petitioners to withdraw Rs.10,00,000/- which has already been deposited.
3.In view of the same, the petitioners are permitted to withdraw the admitted liability of Rs.10,00,000/- (Rupees Ten lakhs only) which has already been deposited, into the credit of M.C.O.P.No.26 of 2017, on the file of the Motor Accidents Claims Tribunal, Additional District Court, Tenkasi, with interests and costs.
4.This petition is ordered accordingly.
sd/- 30/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE ADDITIONAL DISTRICT JUDGE, THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, TENKASI.
+1. C.C. to Mr.N.SANKAR GANESH Advocate SR.No.1764
ORDER
IN CMP(MD) No.12282 of 2018 IN CMA(MD) No.223 of 2018 Date :30/01/2019 MS/JC/SAR-2/08.02.2019/2P.3C https://hcservices.ecourts.gov.in/hcservices/