Muthulakshmi, v. The Branch Manager,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Second day of January Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.12314 of 2018 IN CMA(MD) No.647 of 2018 MUTHULAKSHMI, ... PETITIONER/RESPONDENT NO.1 Vs 1.THE BRANCH MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LTD, NAGASUNDARAM COMPLEX, 2ND FLOOR, SUGUNA STORES STOPES, ANNA NAGAR, MADURAI 625 020. ... RESPONDENT NO.1/APPELLANT 2 E.MURUGAN, ... RESPONDENT/RESPONDENT NO.2 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the Petitioner to withdraw 50% of the amount awarded by the Motor Vehicle Accident Claims Tribunal / Sub Court, Srivilliputtur in M.C.O.P.No.96 of 2010 on 24.11.2017 along with accrued interest and cost and thus render justice. Prayer in CMA(MD). 647/ 2018 :

To set aside the Judgement and Decree passed by the MACT, Sub Court, Srivilliputhur in MCOP No.96 of 2010 dated 24.11.2017. 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.M.JOTHI BASU, Advocate for the petitioner and of MR.D.SIVARAMAN, Advocate for the respondents, the court made the following order:- This petition has been filed by the petitioner/claimant to withdraw 50% of the award amount along with accrued interest and proportionate cost lying in the credit of M.C.O.P.No.96 of 2010 on the file of the Motor Accidents Claims Tribunal/Sub Court, Srivilliputtur.

2.Heard the learned counsel appearing for the parties. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel appearing for the first respondent

Insurance Company would submit that the entire award amount has been deposited before the Tribunal and he has no objection in allowing the petition. He has also prayed for referring the matter to the Lok Adalat.

4.In view of the above, this petition is allowed and the petitioner/claimant is permitted to withdraw 50% of the award amount with accrued interest and proportionate cost lying in the credit of M.C.O.P.No.96 of 2010 on the file of the Motor Accidents Claims Tribunal/Sub Court, Srivilliputtur.

5.Registry is directed to refer the matter to the Lok Adalat, which will be held in the month of February, 2019. sd/- 22/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, SRIVILLIPUTHUR.

COPY TO:

THE DEPUTY REGISTRAR(LOK ADALAT), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.G.M.LAW OFFICE Advocate SR.No.1108

ORDER

IN CMP(MD) No.12314 of 2018 IN CMA(MD) No.647 of 2018 Date :22/01/2019 AE/VR/SAR1/31.01.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/