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Madras High CourtCMP(MD)/10398/2022closed

D.Abraham v. Bajaj Allianz General Insurance Co.Ltd.,

2023-02-13Honourable Mrs Justice R. Tharani2 pages

IN CMP(MD)No. 10398 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 R.THARANI CMP(MD)Nos.10398 & 10540 of 2022 in CMA(MD)Nos.599 & 600 of 2020 D.ABRAHAM ... PETITIONER/1st RESPONDENT/CLAIMANT IN CMP(MD)No. 10398 of 2022 ANTHONY DASS ...PETITIONER/1st RESPONDENT/CLAIMANT IN CMP(MD)No.10540 of 2022 Vs 1 BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.,, NO.184/25, KPS SHOPPING ARCADE, BYEPASS ROAD, MADURAI - 625 010.

....1st RESPONDENT/APPELLANT/2nd RESPONDENT IN BOTH PETITIONS 2 B.MANIKANDAN ...2nd RESPONDENT/2nd RESPONDENT/1st RESPONDENT IN BOTH PETITIONS PRAYER IN CMP(MD)NO. 10398 of 2022 in CMA(MD)No. 599 of 2020: Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass necessary orders by allowing this petition and thereby permit the petitioners to withdraw the 50 percentage of the tribunal award amount with proportionate accrued interest and costs which was deposited by the respondent in M.C.O.P.No.1 of 2015 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate, Tiruchirapalli.

Prayer in CMA(MD). 599/ 2020 :

Pleased to set aside the judgment and decree dated 18.12.2019 passed in MCOP. No.1 of 2015 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate) Tiruchirappalli by allowing this appeal and thus render justice. Prayer in CMP(MD). 10540/ 2022 in CMA(MD)No.600 of 2020: To pass necessary orders by allowing this petition and thereby permit the petitioners to withdraw the 50 percentage of the tribunal award amount with proportionate accrued interest and costs which was https://www.mhc.tn.gov.in/judis 1/2

IN CMP(MD)No. 10398 of 2022 deposited by the respondent in M.C.O.P.No.2 of 2015 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate, Tiruchirapalli.

Prayer in CMA(MD). 600/ 2020 :

Pleased to set aside the judgment and decree dated 18.12.2019 passed in MCOP. No.2 of 2015 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate) Tiruchirappalli by allowing this appeal.

ORDER : These petitions 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.N.SUDAGAR NAGARAJ, Advocate for the petitioners, the court made the following order:- Liability was questioned by the appellant.

Since, the main appeal is ripe for argument, these petitions are closed.

sd/- 13/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO THE CHIEF JUDICIAL MAGISTRATE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUCHIRAPPALLI.

ORDER

IN CMP(MD)Nos.10398 & 10540 of 2022 in CMA(MD)Nos.599 & 600 of 2020 Date :13/02/2023 PKP/VR/SAR-2/28.02.2023/2P/2C https://www.mhc.tn.gov.in/judis 2/2