Muthukrishnan v. Chinnasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Sixth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI IN CMA(MD) No.406 of 2023 MUTHUKRISHNAN ... PETITIONER/APPELLANT Vs 1 CHINNASAMY 2 THE DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, HAVING OFFICE AT DOOR NO.9/1/2, RAMAKRISHNAPURAM NORTH, KARUR TOWN.

... RESPONDENTS/RESPONDENTS Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit 1/4

the petitioner to withdraw the deposited amount with proportionate interest into the credit of M.C.O.P.No.797 of 2017 on the file of the Motor Accident claims Tribunal (Special Subordinate Judge), Dindigul, pending disposal of C.M.A(MD).No.406 of 2023 on the file of this Honourable Court.

Prayer in CMA(MD). 406/ 2023 :

Civil Miscellaneous Appeal Under Section 173 of Motor Vechile Act, to allow this appeal and enhance the award amount in MCOP.No.797 of 2017 on the file of the Motor Accident Claims Tribunal(Special Subordinate Judge), Dindigul,Dated 30-032022, 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.G.KARNAN, Advocate for the petitioner and of MrI.SUTHAKARAN, Advocate for the 2nd Respondent and none appeared for the 1st Respondent side either in person or by an advocate, the court made the following order:- This petition has been filed to withdraw the entire award amount deposited by the second respondent.

2. Heard the learned counsel for the petitioner and the learned counsel for the second respondent.

3. The learned counsel for the second respondent has no objection to allow this 2/4

petition and the second respondent has not filed any appeal.

4. I have perused the affidavit filed in support of this petition. The petitioner is permitted to withdraw the entire award amount with accrued interest and costs, by filing appropriate petition before the Tribunal.

5. Accordingly, this petition is allowed.

sd/- 26/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DINDIGUL +1. C.C. to M/S.G.KARNAN Advocate SR.No.11280 3/4

ORDER

IN IN CMA(MD) No.406 of 2023 Date :26/07/2023 SA/VR/SAR. /03.08.2023/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4