Nagajothi, v. The Managing Director,
CMP(MD) No.10294 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fourth day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CMP(MD) No.10294 of 2022 in CMA(MD)No.688 of 2022 1 NAGAJOTHI, 2 MINOR. SABARI RAMESH, (2nd PETITIONER REPRESET BY HIS MOTHER AND NATURAL GUARDIAN 1st PETITIONER) 3 BALU, ... PETITIONERS/RESPONDENTS Vs THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION, KARAIKUDI, SIVAGANGAI DISTRICT. ... RESPONDENT/APPELLANT 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 depostied amount into the credit of M.C.O.P. No. 116/2017, on the file of the Motor Accident Claims Tribunal/Additional District and Sessions Judge, Ramanathapuram, pending disposal of CMA.(MD). No. 688 of 2022 on the file of this Honourable Court.
Prayer in CMA(MD)No. 688/ 2022 :
Civil Miscellaneous Petition filed under section 173 of Motor Vehicles Act to set aside the impugned award passed in MCOP. No. 116 of 2017 dated 27.09.2021 on the file of the MACT (Additional District Court), Ramanathapuram.
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.J.M.HASSANUL BAZARI, Advocate for the petitioner and of MR.S.MADASAMY, Advocate on behalf of the Respondent, the court made the following order:- https://www.mhc.tn.gov.in/judis 1/2
CMP(MD) No.10294 of 2022 This Civil Miscellaneous Petition has been filed seeking orders to permit the petitioner to withdraw the deposited amount with proportionate interest and cost, which is lying in the credit of M.C.O.P.No.116 of 2017, on the file of the Motor Accident Claims Tribunal/Additional District and Sessions Judge, Ramanathapuram, pending disposal of C.M.A.(MD).No. 688 of 2022.
2. The learned counsel for the respondent/appellant would submit that they have deposited the entire award amount with interest and costs and they are not having any objections to allow this petition.
3.Heard both sides and perused the materials available on records.
4.Considering the facts and circumstances of the case, this Court is inclined to grant permission. Accordingly, the petitioner is permitted to withdraw 50% of the award amount along with proportionate interest and costs, which is lying in the credit of M.C.O.P.No.116 of 2017 on the file of the Motor Accident Claims Tribunal/Additional District and Sessions Judge, Ramanathapuram, on filing necessary application before the Tribunal. sd/- 24/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE ADITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, RAMANATHAPURAM.
+1 CC to M/s.J.M.HASSANUL BAZARI, Advocate (SR-13606[I] dated 24/11/2022 )
ORDER
IN CMP(MD) No.10294 of 2022 in CMA(MD)No.688 of 2022 Date :24/11/2022 das PKP/VR/SAR-1/28.11.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2