Minor Sharmila Banu v. The Managing Director,

CMP(MD) No.7751 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Ninth day of July Two Thousand Twenty PRESENT The Hon'ble Mr.Justice S.S.SUNDAR CMP(MD) No.7751 of 2019 IN CMA(MD) No.165 of 2019 1 SHARMILA BANU (P1 IS DECLARED AS MAJOR AND DISCHARGED FROM THE GUARDIAN OF HER GRAND MOTHER VIDE COURT ORDER DATED 09/07/20 MADE IN CMP(MD)No.7750/19 IN CMA(MD) No.165/19) 2 MINOR PAZIL MOHAMED (MINOR 2nd PETITIONER REP BY THE GRANDMOTHER AND GUARDIAN THE 3rd PETITIONER M.AMEENA BIVI) 3 M.AMEENA BIVI ... PETITIONERS/RESPONDENTS Vs THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION, MADURAI DISTRICT.

RESPONDENT/APPELLANT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Permit the petitioners 1 and 3 herein to withdraw the award amount along with proportionate interest and cost, which has been deposited by the respondent corporation to the credit of MCOP.No.2401 of 2015 on the file of the Motor Accident Claims Tribunal, VI Additional District Court, Madurai, pending disposal of the above Civil Miscellaneous Appeal.

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.SARAVANAN, Advocate for the petitioners and of Mr.P.PRABHAKARAN, Advocate on behalf of the Respondent, the court made the following order:- This petition is filed to permit the petitioners 1 and 3 herein to withdraw the award amount along with proportionate interest and cost, which has been deposited by the respondent Corporation to the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.7751 of 2019 credit of M.C.O.P.No.2401 of 2015 on the file of the Motor Accidents Claims Tribunal (VI Additional District Court), Madurai. 2.Heard learned Counsel for the petitioners.

3.It is stated that the respondent has deposited Rs.22,02,320/- towards 50% of the Award amount with proportionate interest and cost. At the time of filing of this appeal, the first and second petitioners are minor and the third petitioner is a Guardian and next friend to petitioners 1 and 2. Now, the first petitioner became major and this Court has also declared her so. In the said circumstances, it may be appropriate to permit the petitioners 1 and 3 to withdraw 50% of the amount deposited by the Transport Corporation towards their share, as it is stated that some money is immediately required towards education expenses of petitioners 1 and 2.

4.As a result, this petition is allowed and the petitioners 1 and 3 are permitted to withdraw 50% of the amount lying to the credit of M.C.O.P.No.2401 of 2015 on the file of the Motor Accidents Claims Tribunal, Madurai, deposited by the Transport Corporation. sd/- 09/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE VI ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

ORDER

IN CMP(MD) No.7751 of 2019 IN CMA(MD) No.165 of 2019 Date :09/07/2020 CMR TE/JC/SAR-III : 21/07/2020 : 2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2