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Madras High CourtCMP(MD)/9304/2019allowed

Sasikumar v. G.Ramakrishnan

2020-03-17Honourable Mr Justice S.S. Sundar,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

CMP(MD) No.9304 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Seventeenth day of March Two Thousand Twenty PRESENT The Hon`ble Mr.Justice S.S.SUNDAR and The Hon`ble Mrs.Justice T.KRISHNAVALLI CMP(MD) No.9304 of 2019 IN CMA(MD) No.583 of 2019 SASIKUMAR ... PETITIONER/ APPELLANT Vs 1 G.RAMAKRISHNAN 2 THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LIMITED, 7A WEST VELI STREET, MADURAI- 001.

3 GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION LTD., KARAIKUDI. ... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioner to withdraw the entire deposited compensation amount with accrued interest in M.C.O.P NO. 34 of 2017 on the file of Chief Judicial Magistrate Court Cum Motor Accidents Claims tribunal, Ramanathapuram.

Prayer in CMA(MD). 583/ 2019 :

To Set aside the Order and Decree dated 06.10.2018 in MCOP.No.34 of 2017, on the file of Chief Judicial Magistrate Court cum Motor Accidents claims Tribunal, Ramanathapuram and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.RAMESH, Advocate for the petitioner and of MR.C.KARTHIK, Advocate for R2 and None appeared for R1 & R3 either in person or through by an advocate, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.9304 of 2019 (Order of this court was made by S.S.SUNDAR, J.) No serious objection is raised by the respondent for withdrawal of the amount. Since the Insurance Company has not filed any cross appeal, the petitioner is entitled to withdraw the amount as per the award. Hence, this petition is ordered.

However, considering the limited scope of the issues that arise in the appeal, the main appeal itself is directed to be posed on 31.03.2020.

sd/- 17/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE CUM MOTOR ACCIDENTS CLAIMS TRIBUNAL, RAMANATHAPURAM.

+1 CC to M/s.C.KARTHIK, Advocate ( SR-5370[I] dated 17/03/2020 ) +1 CC to M/s.V.RAGHAVACHARI, Advocate ( SR-5394[I] dated 17/03/2020 )

ORDER

IN CMP(MD) No.9304 of 2019 IN CMA(MD) No.583 of 2019 Date :17/03/2020 TM JM/PN/SAR 4/23.03.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2