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Madras High CourtCMP(MD)/9563/2019allowed

R.S.Sahadevan v. The New India Assurance Company Ltd.,

2020-02-12Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.9563 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twelfth day of February Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.9563 of 2019 IN CMA(MD) No.409 of 2019 R.S.SAHADEVAN (DIED), 1.S.DEVI, 2 E.S.ANISH, ... PETITIONERS/RESPONDENTS 1 & 2 Vs 1.THE NEW INDIA ASSURANCE COMPANY LTD.,, 80 FEET ROAD, SENGUNTHAPURAM, KARUR. ... RESPONDENT/APPELLANT 2 V.G.MURUGAVEL, ... RESPONDENT/3rd RESPONDENT 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 deposited award amount with accrued interest by the 2nd respondent in MCOP.No.87 of 2006 on the file of Motor Accident Claim Tribunal (Chief Judicial Magistrate Court), Karur.

PRAYER IN CMA(MD) No.409 of 2019:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the judgment and Decree in MCOP No.87 of 2006 dated 05.01.2019 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Karur and allow the appeal with costs 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 MR.S.VENKATESAN, Advocate for the petitioners 1 & 2 and Mr.J.S.MURALI, Advocate on behalf of the first Respondent, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.9563 of 2019 On the side of the petitioners, it is stated that the claimants should be permitted to withdraw the award amount kept in deposit before the Chief Judicial Magistrate, Karur.

2. The admitted liability as per the appellant is Rs.3,57,410/-.

3. Hence, the petitioners/major claimants are permitted to withdraw the admitted award amount of Rs.3,57,410/- (Rupees Three Lakhs Fifty Seven Thousand Four Hundred and Ten only) with proportionate interest as per apportionment made by the Tribunal.

4. With the above direction, this Civil Miscellaneous Petition is allowed.

sd/- 12/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE KARUR.

+1 CC to M/s.S.VENKATESAN, Advocate ( SR-2984[I] dated 12/02/2020 )

ORDER

IN CMP(MD) No.9563 of 2019 IN CMA(MD) No.409 of 2019 Date :12/02/2020 Ls AE/PN/SAR-IV (17.02.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2