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Madras High CourtCMP(MD)/11183/2018ordered

Ramaraj v. The Managing Director

2019-03-18Honourable Mrs Justice S. Ramathilagam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighteenth day of March Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.11183 of 2018 IN CMA(MD) No.646 of 2018 1 RAMARAJ 2 CHITRA 3 RAJESWARI ... 1 TO 3 PETITIONERS/1 TO 3 RESPONDENTS Vs 1 THE MANAGING DIRECTOR M/S.UNITED INDIA INSURANCE CO.LTD., 9, SHANMUGAM ROAD, WEST TAMBARAM, CHENNAI & DISTRICT.

...1st RESPONDENT/APPELLANT 2 SATHEESH 3 KARTHIK 4 SENTHILKUMAR ...2 TO 4 RESPONDENTS/4 TO 6 RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioners to withdraw 50% of the award amount together with entire interest and cost lying to the credit of M.A.C.O.P No.731 of 2013 on the file of the Learned Motor Accidents Claims Tribunal (Principal District Judge), Dindigul and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. Prayer in CMA(MD). 646/ 2018 :

To prefer this Memorandum of Civil Miscellaneous Appeal in this Honourable Court against the Fair and Decreetal Order dated 28.02.2018 made in MCOP No.731 of 2013 on the file of the MACT (Principal District Court), Dindigul.

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.D.SELVARAJ, Advocate for the petitioner and of Mr.B.RAJESH SARAVANAN,Advocate for R1 and Mr.K.ARUNRAJ,Advocate for R2, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ As per the order of this Court, dated 20.08.2018, the petitioner/appellant has deposited the entire award amount with

accrued interests and costs to the credit of M.C.O.P.No.731 of 2013 on the file of the Motor Accident Claims Tribunal (Principal District Court), Dindigul.

2.In view of the above, the petitioners 1 to 3/ claimants 1 to 3 are entitled to withdraw 50% of the deposited amount. Accordingly, the petitioners 1 to 3/claimants 1 to 3 are permitted to withdraw their share as apportioned by the Tribunal.

3.The Motor Accident Claims Tribunal (Principal District Court), Dindigul, is directed to transfer the said amount and deposit the same to the credit of C.M.A.(MD)No.646 of 2018 before the Indian Bank, Madurai Bench of Madras High Court Branch, Madurai, which amount shall be deposited by the Indian Bank in an interest bearing account.

sd/- 18/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DINDIGUL.

COPY TO THE MANAGER, INDIAN BANK, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

PS/VR/SAR-4/27.03.2019/2P/3C

ORDER

IN CMP(MD) No.11183 of 2018 IN CMA(MD) No.646 of 2018 Date :18/03/2019 https://hcservices.ecourts.gov.in/hcservices/