R.Dhanasekara Pandian v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fourth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P.VELMURUGAN and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in C.M.A.(MD).No.450 of 2023 R.DHANASEKARA PANDIAN ... Petitioner / Respondent Vs THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION, PUDUKKOTTAI.

... Respondent / Appellant Civil Miscellaneous 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 entire deposited amount with proportionate accrued interest and costs which was deposited by the respondent/appellant in MCOP No.79 of 2020, on the file of MACT/III Additional Sub Court, Tiruchirappalli and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.

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Prayer in CMA(MD). 450/ 2023 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to set aside the award passed in MCOP.No. 79 of 2020 dated 23-06-2022 on the file of the Motor Accident Claims Tribunal (Additional Sub Court, Pudukottai)and allow the appeal and thus render justice.

ORDER : This Civil Miscellaneous petition 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.SUDHAGAR NAGARAJ, Advocate for the petitioner the court made the following order:- (order of the court was made by Mr.P.VELMURUGAN, J.,) This petition has been filed to permit the petitioner to withdraw the entire deposited amount with proportionate accrued interest and costs, which was deposited by the respondent/appellant in M.C.O.P.NO.79 of 2020 on the file of MACT/III Additional Sub Court, Trichirappalli. 2.The learned counsel appearing for the respondent submitted that he already deposited 50% of the award amount passed in M.C.O.P.No.79 of 2020, dated 23.06.2022, on the file of MACT/III Additional Sub Court, Trichirappalli.

3. Being satisfied with the reasons stated in the affidavit filed in support of the petition, the petitioner is permitted to withdraw the 50% of the award amount with proportionate accrued interest and costs, which was deposited by the respondent/appellant in M.C.O.P.NO.79 of 2020 on the file of MACT/III Additional Sub Court, Trichirappalli.

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4.Accordingly, this petition is ordered.

sd/- 24/10/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSG TO 1 The Judge, MACT/III Additional Sub Court, Trichirappalli

2. The Judge, Motor Accident Claims Tribunal (Additional Sub Court, Pudukottai)

ORDER

IN in C.M.A.(MD).No.450 of 2023 Date :24/10/2024 PSP/ MMS /SAR /07.11.2024/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3