Madras High CourtCRP(MD)/2848/2023allowed

N.Mani v. Giriraj

2023-11-03Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2023

CORAM:

THE HON'BLE MRS.JUSTICE S.SRIMATHY N.Mani : Petitioner/Petitioner/ Petitioner Vs.

1.Giriraj 2.The Branch Manager, M/s.Reliance General Insurance Co.Ltd., Sri Lakshmi Complex, 1st Floor Bharathi Street, Omalur Main Road, Swarnapuri, Salem District.

3.Maruthambal 4.Chandran 5.Elanjiyam : Respondents/Respondents 1 to 3, 5 & 6/ Respondents 1 to 3, 5 & 6 Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Motor Accident Claims Tribunal, Kulithali to number the interlocutory application in unnumbered I.A.No..... of 2022 in M.C.O.P.No.483 of 2011, the same was returned on 18.07.2022.

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For Petitioners : Mr.K.Arunraj

ORDER

The Civil Revision Petition is directed against the returning order, dated 18.07.2022 in unnumbered I.A.No..... of 2022 in M.C.O.P.No.483 of 2011 on the file of the Motor Accident Claims Tribunal, Kulithali.

2. The learned counsel for the petitioner would submit that the petitioner has filed the cheque application to withdraw the amount, which was awarded in M.C.O.P.No.483 of 2011 and the same was returned. Hence, the petitioner was constrained to file this petition.

3. It is seen from the records that in pursuance of the directions of this Court, dated 12.09.2017 in CMP(MD)No.8410 of 2017 in C.M.A(MD)No.786 of 2017, the second respondent herein has deposited the entire award amount to the credit of M.C.O.P.No.483 of 2021 on the file of the Motor Accident Claims Tribunal/Subordinate Judge, Kulithalai. Thereafter, the Civil Miscellaneous Appeal in C.M.A(MD)No.786 of 2017, was withdrawn by the second respondent/Insurance Company vide 2/5

order, dated 03.03.2021. Without perusing the same, the Tribunal has returned the petition filed by the petitioner.

4. Considering the above, the Tribunal is directed to number the petition and proceed further in accordance with law. It is further evident that the amount was deposited through the Indian Bank, Madurai Bench of Madras High Court, Madurai. Hence, the Bank Manager, Indian Bank, Madurai Bench of Madras High Court, Madurai, is hereby directed to transfer the amount to the credit of M.C.O.P.No.483 of 2011, Kulithalai.

5. With the above observation and direction, this Civil Revision Petition is disposed of. No costs.

03.11.2023 Note :The Registry is directed to return the original petition, filed along with this revision to the learned counsel for the revision petitioner, after getting proper acknowledgement.

NCC :yes/No Index :yes/No Internet:yes/No das 3/5

To 1.The Motor Accident Claims Tribunal, Kulithali.

2.The Manager, Indian Bank, Madurai Bench of Madras High Court, Madurai.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J.

das Order made in Dated : 03.11.2023 5/5