Madras High CourtCMP(MD)/7122/2020ordered

P.Kannappan v. Cholamandalam Ms General Insurance Company Ltd.,

2021-11-24Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMP(MD) No.7122 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Fourth day of November Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMP(MD) No.7122 of 2020 IN CMA(MD) No.840 of 2019 1 P.KANNAPPAN 2 K.JEYALEKSHMI 3 A.RADHA ... PETITIONERS/ RESPONDENTS 1 to 3 Vs 1 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE AT NO.3 AND 4, DINDIGUL HIGHWAY ROAD, KALAVASAL, MADURAI - 625 010. ... 1st RESPONDENT / APPELLANT 2 SOORIYA 3 RAVICHANDRAN ... RESPONDENTS 2 & 3 / RESPONDENTS 4 & 5 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 percentage of the entire award amount deposited to the credit of M.C.O.P.No.26 of 2016 on the file of the Motor Accident Claims Tribunal, (Principal Subordinate Judge), Nagercoil, pending disposal of the above Civil Miscellaneous Petition.

Prayer in CMA(MD). 840/ 2019 :

To allow this appeal and enhance the award amount in MCOP.No.26/2016 on the file of the Motor Accident Claims Tribunal Principal Sub Judge Nagercoil dated 3.1.2019. 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 Mr.T.ROBERT CHANDRA BOSE, Advocate for the petitioner and of M/S.K.R.SHIVASHANKARI, Advocate on behalf of the Respondents 1, the court made the following order:- This Civil Miscellaneous Petition has been filed by the petitioners to permit the petitioners to withdraw 50% of the entire award amount deposited to the credit of M.C.O.P.No.26 of 2016 on the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.7122 of 2020 file of the Motor Accident Claims Tribunal (Principal Subordinate Judge), Nagercoil.

2.Perused the records.

3.Considering the facts and circumstances of the case, this petitioners are permitted to withdraw 50% of the deposited amount with proportionate accrued interest and costs, by filing appropriate application before the Tribunal.

sd/- 24/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL, (PRINCIPAL SUBORDINATE JUDGE), NAGERCOIL.

+1 CC to M/s.K.R.SHIVASHANKARI, Advocate ( SR-8574[I] dated 26/11/2021 ) +1 CC to M/s.I.ROBERT CHANDRA KUMAR, Advocate ( SR-8489[I] dated 25/11/2021 )

ORDER

IN CMP(MD) No.7122 of 2020 IN CMA(MD) No.840 of 2019 Date :24/11/2021 MK/PN/SAR.I/26.11.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2