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Madras High CourtCMP(MD)/10946/2021allowed

Tamilarasi v. The Oriental Insurance Company Ltd

2022-03-10Honourable Mr Justice Rmt. Teekaa Raman2 pages

CMP(MD) No.10946 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Tenth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CMP(MD) No.10946 of 2021 IN CMA(MD)No.692 of 2020 TAMILARASI ... PETITIONER/REPSONDENT No.1 Vs 1 THE ORIENTAL INSURANCE COMPANY LIMITED, THROUGH ITS DIVISIONAL MANAGER, NO.6/B, BANGUR DHARMASALA BUILDING, WEST VELI VEETHI, MADURAI TOWN, MADURAI DISTRICT.

... RESPONDENT/APPELLANT 2 AMMAL ENGINEERING COLLEGE, REP BY ITS CORRESPONDENT, LANTHAI, ACHUNTHAVAYAL POST, RAMANATHAPURAM TALUK AND DISTRICT.

... RESPONDENT No.2/ 1st RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the petitioner to withdraw the 50 percentage of the award amount and entire accrued interest in the above CMA(MD).No.692 of 2020 and the amount was deposited MCOP No.46 of 2015 on the file of the Motor Accident Claims Tribunal Cum Sub Judge, Paramakudi. Prayer in CMA(MD). 692/ 2020 :

Pleased to set aside the decree and judgment passed in MCOP No.46 of 2015, dated 24.06.2020, on the file of the Motor Vehicle Accidents Claims Tribunal cum Sub Judge, Paramakudi. ORDER : This 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.V.VIGNESH, Advocate for the petitioner and of Mr.E.CHANDRASEKARAN, Advocate on behalf of the 1st Respondent and not appeared for the 2nd Respondent either in person or by an advocate, the court made the following order:- This Civil Miscellaneous Petition is filed to permit the petitioner to withdraw 50% of the award amount deposited in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.10946 of 2021 M.C.O.P. No. 46 of 2015 on the file of the Motor Accident Claims Tribunal-cum-Sub Judge, Paramakudi.

2. The learned counsel appearing for the respondents submitted that the respondents have no objection for withdrawal of the 50% of the award amount by the claimant.

3. Since, there is no objection on the side of the respondents to withdraw the 50% of the award amount by the claimant, this Civil Miscellaneous Petition is allowed.

sd/- 10/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAMAKUDI.

ORDER

IN CMP(MD) No.10946 of 2021 IN CMA(MD)No.692 of 2020 Date :10/03/2022 SA/PN/SAR.3/18.03.2022/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2