Perachi Selvi v. Icici Lombard Motor Insurance Company Limited
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29-08-2025
CORAM
THE HONOURABLE MR JUSTICE K.MURALI SHANKAR in CMA(MD) No.484 of 2025 Perachi Selvi Petitioner Vs 1.ICICI Lombard Motor Insurance Company Limited, Office at Plot No.10, Second Alankar Palace MP Nagar, Zone - II, Phopal, Madhya Pradesh - 462 001, through its Branch Manager.
2.M/s.Hari Balakrishnan Automobiles, Karaiyiruppu, Thatchanallur, Tirunelveli - 627 358.
3.M/s.VE Commercial Vehicles Limited, Industrial Area No.1, Pithampur District, Dhar, Madhya Pradesh - 454 775.
Respondents For Petitioners :
Mr.S.Micheal Heldon Kumar, For Respondents:
Mr.V.Muthu Kamatchi, for R1.
:
Mr.E.Ilango, for R2.
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This Civil Miscellaneous Petition filed under Section 151 C.P.C. praying to permit the petitioners to withdraw 50% of the entire award amount with accrued interest and cost deposited and transferred to the credit of C.M.A(MD)No.484 of 2025.
ORDER
The above petition has been filed seeking orders to withdraw 50% of the award amount with entire accrued interest and cost to the credit of M.C.O.P.No.286 of 2021 on the file of the Motor Accident Claims Tribunal, I Additional District Court, Tirunelveli, in C.M.A.(MD)No.484 of 2025.
2. Heard the learned counsel appearing for the petitioner/claimant and the learned counsel appearing for the respondents 1 and 2.
3. The learned counsel appearing for the first respondent would submit that they are challenging the liability. But even according to the petitioner, both the drivers were responsible for the accident, but the Tribunal has mulcted liability on the first respondent's driver.
4.It is not in dispute the first respondent in pursuance of the direction of this Court has already deposited 75% of the award amount before the trial Court.
5. Considering the submissions made on either side, the petitioner/claimant is permitted to withdraw 30% of the amount which came to be deposited by the first 2/3
respondent/appellant before the Tribunal on filing necessary application before the Tribunal. Accordingly, this petition is ordered. sd/- 29/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
das TO 1 The Motor Accident Claims Tribunal, I Additional District Court, Tirunelveli.
ORDER
IN in CMA(MD) No.484 of 2025 Date :29/08/2025 NM/15.09.2025/ 3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3