B.Malliga v. The Manager

CMP(MD) No.6983 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Sixteenth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR and The Hon`ble Mrs.Justice L.VICTORIA GOWRI CMP(MD) No.6983 of 2021 IN CMA(MD) No.61 of 2021 1 B.MALLIGA, 2 NANDHINI, 3 HARIVENKATESAN, 4 RAJAKUMARI, ... PETITIONERS/RESPONDENTS 1 TO 4 Vs 1 THE MANAGER SHRIRAM GENERAL INSURANCE COMPANY LIMITED, NO.30, H.A.K. ROAD, CHINNACHOKKIKULAM, MADURAI-2.

... 1st RESPONDENT/APPELLANT 2 R.SASIKUMAR ... 2nd RESPONDENT/5th RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the petitioners to withdraw 50 percent of the amount lying to the crdit of M.A.C.O.P.No.304/2016 on the file of the Motor Accident Claims Tribunal (Additional District Judge),Dindigul pending disposal of the above C.M.A.(MD).No.61 of 2021. Prayer in CMA(MD). 61/ 2021 :

To set aside the Judgment and decree passed by the Motor Accident Claims Tribunal, Additional District Judge, Dindigul in MCOP.NO. 304 of 2016 dated 06-11-2019.

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.M.ASHOK KUMAR, Advocate for the https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.6983 of 2021 petitioner and of Mr.D.SIVARAMAN, Standing Counsel on behalf of the 1st Respondent, the court made the following order:- (Order of the Court was made by D.KRISHNAKUMAR, J.) This petition is filed to permit the petitioners to withdraw 50% of the amount lying to the credit of M.A.C.O.P.No.304/2016 on the file of the Motor Accident Claims Tribunal (Additional District Judge), Dindigul.

2. The learned counsel appearing for the first respondent submitted that as per the order of this Court dated 02.02.2021, the entire award amount has been deposited and he has no objection to permit the petitioners to withdraw a sum of Rs.3 lakhs each.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed and the petitioners 1 to 4 are permitted to withdraw a sum of Rs.3 lakhs each from their respective shares, on filing appropriate application before the Tribunal.

sd/- 16/02/2023 / TRUE COPY / 21/02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

VSM TO THE ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DINDIGUL.

+1. C.C. to M/S.M.ASHOK KUMAR Advocate SR.No.2513 (I) Dt.20/02/23

ORDER

IN CMP(MD) No.6983 of 2021 IN CMA(MD) No.61 of 2021 Date :16/02/2023 SA/SBN/SAR. /21.02.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2