Kalirajan v. Reliance General Insurance Company Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fourteenth day of March Two Thousand and Twenty Five PRESENT The HONOURABLE DR. JUSTICE G.JAYACHANDRAN and The HONOURABLE MS. JUSTICE R. POORNIMA in C.M.A(MD)No. 306 of 2024 KALIRAJAN ... PETITIONER(S) Vs 1 RELIANCE GENERAL INSURANCE COMPANY LTD., NO.10/4/4, 2ND FLOOR, THAHA PLAZA, SOUTH BYE PASS ROAD, VANNARAPETTI, TIRUNELVELI - 627 003.

THROUGH ITS BRANCH MANAGER.

2 MUTHU ... RESPONDENT(S) For Petitioner(s) :

Mr.V.Sasi Kumar, Advocate For Respondent(s) :

M/s.K.R.Shivashankari, Advocate 1/3

ORDER

DR.G.JAYACHANDRAN,J.

AND R.POORNIMA,J.

The claimant has suffered 90% of loco motor disability and the Tribunal has awarded Rs.25,04,700/-[Rupees Twenty Five Lakhs Four Thousand and Seven Hundred Only], as compensation. However, the same was challenged by the Insurance Company alleging that loco motor disability suffered by the petitioner is only 60%. This Court while admitting the appeal has directed the Insurance Company to deposit 50% of the award amount. Accordingly, the Insurance Company has deposited Rs.17,70,275/- on 30.03.2024.

2. The claimant has filed the present petition seeking permission to withdraw 50% of the deposited amount.

3. The Learned Counsel appearing for the Insurance Company submits that it is a serious dispute regarding the quantum of compensation fixed by the Tribunal. Therefore, the claimant shall not permitted to withdraw the amount, till disposal of the appeal.

4. However, on considering the merits of the case, this Court is inclined to allow this petition partially, by allowing the claimant to withdraw Rs.8,50,000/- [Rupees Eight Lakhs and Fifty Thousand Only] from the deposited amount. 2/3

5. Post the matter on 25.04.2025, for 'Final hearing'. sd/- 14/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

KSA TO THE SPECIAL SUBORDINATE JUDGE DEALING WITH MCOP CASES, MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUNELVELI.

+1 CC to M/s.K.R.SHIVA SHANKARI, Advocate ( SR-3012[I] dated 18/03/2025 ) +1 CC to M/s.V.SASI KUMAR, Advocate ( SR-2843[I] dated 14/03/2025 )

ORDER

IN in C.M.A(MD)No. 306 of 2024 Date :14/03/2025 PP/SAR. /15.04.2025/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3