Nagarathinam, v. Iffco Tokio General Insurance Company Limited,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fourteenth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Dr.Justice ANITA SUMANTH and The Hon`ble Mr.Justice R.VIJAYAKUMAR in C.M.A.(MD)No.484 of 2021 NAGARATHINAM ... PETITIONER/1ST RESPONDENT Vs 1 IFFCO TOKIO GENERAL INSURANC E COMPANY LIMITED,, THROUGH ITS MANAGER, DOOR NO 82, PREETHAM PLAZA FIRST FLOOR, CHADRAGANDI NAGAR, PONMENTI, MADURAI TOWN.

...RESPONDENT/APPELLANT 2 SHANMUGAM, ...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 withdraw the entire amount and entire accrued interest deposited by the Appellant in the above C.M.A. (MD) No. 484 of 2021 and the amount was deposited MCOP No. 58 of 2017 on the file of the Motor Accident Claims Tribunal (Sub Court), Paramakudi and pass such 1/3

further or other orders as this Honourable Court may deem fit and proper in the circumstance of the case and thus render justice. Prayer in CMA(MD). 484/ 2021 :

Pleased to set aside the judgment and decree dated 09th December, 2020 passed in MCOP No.58 of 2017 on the file of the Motor Accident Claims Tribunal/Subordinate Judge of Paramakudi by allowing this appeal and thus render justice.

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.D.SENTHIL, Advocate for the petitioner and of MR.V.SAKTHIVEL, Advocate on behalf of the Respondent No.1, the court made the following order:- (Order of the Court was made by DR.ANITA SUMANTH, J.) Heard the learned counsel on both sides.

2. No serious objection is put forth by the Insurance Company.

3. This Civil Miscellaneous Petition is ordered by permitting the petitioner to withdraw the amount directed to be deposited under order dated 01.06.2021, with proportionate interest and costs.

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4. Let the petitioner appear before the tribunal with necessary documentation to facilitate implementation of this order.

sd/- 14/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

SM TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL (SUB COURT), PARAMAKUDI +1. C.C. to M/S.D. SENTHIL Advocate SR.No.43339(f)

ORDER

IN in C.M.A.(MD)No.484 of 2021 Date :14/09/2023 RK /VRS(19/09/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3