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Madras High CourtCMP(MD)/6922/2022ordered

Subramanian, v. Chiththarth,

2023-02-13Honourable Mrs Justice N. Mala2 pages

CMP.(MD)No.6922 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Thirteenth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice N.MALA CMP.(MD)No.6922 of 2022 in CMA.(MD)No.110 of 2022 1 SUBRAMANIAN 2 PADMA 3 KARTHICK 4 RADHIKA ... PETITIONERS/APPELLANTS Vs 1 CHITHTHARTH 2 THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, NO. 3607/21, 2ND FLOOR, SATHYAMURTHY ROAD, PUDUKKOTTAI DISTRICT. ... RESPONDENTS/RESPONDENTS 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 the award amount of Rs. 10,07,200/- (Rupees Ten Lakhs Seven thousand and Two Hundred only) Deposited by the 2nd respondent in MCOP. No. 468 of 2018 on the file of the Motor Accident Claims Tribunal, Additional District Court, Pudukkottai.

Prayer in CMA(MD). 110/ 2022 :

To enhance the award amount by allowing his Civil Miscellaneous appeal against the order dated 24.03.2021 in M.C.O.P. No. 468 of 2018 on the file of the Honourable Motor Accident Claims Tribunal, Additional District Court, Pudukkottai 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.P.GANAPATHI SUBRAMANIAN, Advocate for the petitioner and of M/S.C.KARTHICK, Advocate on behalf of the Respondents the court made the following order:- https://www.mhc.tn.gov.in/judis 1/2

CMP.(MD)No.6922 of 2022 This civil miscellaneous petition has been filed to withdraw the award amount Rs.10,07,200/- deposited by the second respondent in MCOP.No.468 of 2018 on the file of the Motor Accident Claims Tribunal, Additional District Court, Pudukkottai. 2.The learned counsel appearing for the respondent submitted that he has no objection for the petitioners' withdrawal of the entire amount, as this is an appeal filed by the claimants to enhance the compensation.

3.The petitioners are directed to withdraw the award amount in the same proportion as directed by the Tribunal in the Judgment and decree dated 24.03.2021. This petition is ordered, accordingly. sd/- 13/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL, ADDITIONAL DISTRICT COURT, PUDUKKOTTAI.

+1 CC to M/s.P.GANAPATHISUBRAMANIAN, Advocate ( SR-2378[I] dated 15/02/2023 )

ORDER

IN CMP.(MD)No.6922 of 2022 in CMA.(MD)No.110 of 2022 Date :13/02/2023 RK/SSS/SAR-3 (17/02/2023) 2P/3C https://www.mhc.tn.gov.in/judis 2/2