A.Lakshmi v. The Managing Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Eighth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice SUNDER MOHAN in CMA(MD)No.796 of 2023 1 A.LAKSHMI 2 B.BANUMATHI 3 VENGAI RAMESH @ BALASUBRAMANI ... PETITIONERS/RESPONDENT No.1 TO 3 Vs 1 THE MANAGING DIRECTOR, TNSTC (KUMBAKONAM DIVISION), KUMBAKONAM.
2 A.VALARMATHI ... RESPONDENT/RESPONDENT 2 (R-2 IS SET-EXPARTE BY THE TRIBUNAL.
HENCE NOTICE MAY BE GIVEN UP AGAINST R-2) Civil Miscellaneous 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 deposited amount into the credit of MCOP.No.336 of 2020, on the file of the Motor Accident Claims Tribunal (ADJ) Karur pending disposal of CMA No.796 of 2023 on the file of this Honourable Court. 1/3
Prayer in CMA(MD). 796/ 2023 :
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to set aside the Judgment and Decree passed in MCOP No.336 of 2020 dated 20.04.2022 on the file of Motor Accidents Claims Tribunal (Additional District Judge), Karur and allow this Civil Miscellaneous Appeal 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.A.M.SENTHILKUMAR, Advocate for the petitioner, the Court made the following order:- This Civil Miscellaneous Petition has been filed by the first to third respondents in the above C.M.A./claimants seeking permission of this Court to withdraw the deposited amount into the credit of M.C.O.P.No.336 of 2020, on the file of the Motor Accident Claims Tribunal (Additional District Court), Karur, pending disposal of the above C.M.A.
2. According to the learned counsel for the first respondent Corporation, the admitted liability would be more than Rs.3,00,000/-.
3. In such circumstances, the petitioners/claimants are permitted to withdraw a sum of Rs.3,00,000/- together with accrued interest, as per the apportionment fixed by the Tribunal.
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4. This Civil Miscellaneous Petition is allowed accordingly. sd/- 28/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
JEN TO THE ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, KARUR.
+1 CC to M/s.A.M.SENTHIL KUMAR, Advocate ( SR-13267[I] dated 28/10/2024 )
ORDER
IN in CMA(MD)No.796 of 2023 Date :28/10/2024 SS/JGB/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