Madras High CourtCMP(MD)/9483/2019allowed

Kumaresan v. The Managing Director

2020-07-10Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMP(MD) No.9483 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Tenth day of July Two Thousand Twenty PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.9483 of 2019 IN CMA(MD) No.301 of 2019 KUMARESAN ... PETITIONER/ RESPONDENT Vs THE MANAGING DIRECTOR TAMILNADU STATE TRANSPORT CORPORATION LTD.

(KUMBAKONAM DIVISION - I) KUMBAKONAM, THANJAVUR DISTRICT.

... RESPONDENT/ APPELLANT 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 50% of the award amount with accrued interest and cost, which was deposited by the Respondent/Appellant into the credit of MCOP No.458 of 2018, on the file of the Motor Accident Claims Tribunal (Special Sub - Court), Thanjavur, pending disposal of CMA (MD) No. 301 of 2019 on the file of this Hon'ble Court 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.G.KARNAN, Advocate for the petitioner and of Mr.P.PRABHAKARAN, Advocate on behalf of the Respondent, the court made the following order:- This petition is filed to permit the petitioner to withdraw 50% of the award amount with accrued interest and cost, which was deposited by the respondent/appellant to the credit of M.C.O.P.No.458 of 2018 on the file of the Motor Accidents Claims Tribunal (Special Sub-Court), Thanjavur.

2.Heard the learned Counsel appearing for the petitioner and the learned Counsel for the respondent.

3.The petitioner herein has filed a claim petition in M.C.O.P.No.458 of 2018 claiming compensation to the tune of Rs.15,00,000/- pursuant to the accident met with by him. The manner of accident and the injury sustained by the petitioner is not in dispute. Considering the fact that there were several fractures throughout the body of the petitioner and the loss of income, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.9483 of 2019 Tribunal has awarded a sum of Rs.5,93,700/-. It is stated that the respondent in this petition, namely, the appellant in the main appeal, has deposited the award amount with accrued interest and cost.

4.Having regard to the facts and the quantum of compensation ordered by the Tribunal, this Court is inclined to allow this petition. As a result, this petition is allowed and the petitioner is permitted to withdraw 50% of the amount lying to the credit of M.C.O.P.No.458 of 2018 on the file of the Motor Accidents Claims Tribunal (Special Sub-Court), Thanjavur, deposited by the respondent/appellant.

sd/- 10/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUBORDINATE JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, THANJAVUR.

ORDER

IN CMP(MD) No.9483 of 2019 IN CMA(MD) No.301 of 2019 Date :10/07/2020 MS/VR/SAR-2/13.07.2020/2P.2C https://hcservices.ecourts.gov.in/hcservices/ 2/2