Thilagar Raja Saran (Died) v. United India Insurance Company Limitedd

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fifteenth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN IN CMA(MD) No.491 of 2023 THILAGAR RAJA SARAN (DIED) 1 SUDANDIRAVALLI 2 PONSARANYADEVI 3 AJITH AMBEDKAR 4 GAYATHRI DEVI 5 PRADOPSINGH KEIRAN ... PETITIONERS/RESPONDENTS Vs UNITED INDIA INSURANCE COMPANY LIMITED, THROUGH ITS BRANCH MANAGER, OFFICE AT NO.5/1, ALAGU BAGAVATHY COMPLEX, KAILASAPURAM MIDDLE STREET, TIRUNELVELI JUNCTION, TIRUNELVELI - 627001.

... 1st RESPONDENT/APPELLANT 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 the petitioners to withdraw 50 percentage of the entire award amount along with 1/3

the accrued interest to credit of MCOP No. 1367/2015 on the file of Motor Accident Claims Tribunal (Special Sub Court) Tirunelveli, pending disposal of the above CMP.

Prayer in CMA(MD). 491/ 2023 :

Civil Miscellaneous Petition filed under Section 173 of Motor Vehicle Act to set aside the order of Tribunal of MACT cum Special Sub Court, Tirunelveli made in M.C.O.P.No.1367 of 2015 dated 02-01-2023 and allow the appeal with costs. ORDER : This Civil Miscellaneous 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.T.SELVAKUMARAN, Advocate for the petitioner and of Mr.C.JAWAHAR RAVINDRAN, on behalf of the 1st Respondents the Court made the following order:- This petition has been filed to permit the petitioners to withdraw 50 percentage of the entire award amount along with the accrued interest to credit of MCOP No. 1367/2015 on the file of Motor Accident Claims Tribunal (Special Sub Court) Tirunelveli pending disposal of the above CMP. 2.Considering the facts and circumstances of the case, the petitioner is permitted to withdraw 50% of the deposited amount. Accordingly, this petition is allowed.

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3.List the main appeal for final disposal on 29.04.2024. sd/- 15/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUNELVELI.

ORDER

IN IN CMA(MD) No.491 of 2023 Date :15/04/2024 SS/JGB/SAR- /18/04/2024/3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3