Sheik Abdullah v. The Oriental Insurance Company Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in CMA(MD) No.765 of 2023 1 SHEIK ABDULLAH 2 MEGHRAJ NISHA ... Petitioners / Respondents 1 & 2 Vs 1 THE ORIENTAL INSURANCE COMPANY LIMITED, THROUGH ITS BRANCH MANAGER, OFFICE AT, NO.5/100, M-13, 1ST FLOOR, S.R.S.COMPLEX, TIRUCHENDUR MAIN ROAD, MUTHIAHPURAM, THOOTHUKUDI - 628005, THOOTHUKUDI DISTRICT.

... 1st Respondent / Appellant 2 D.KARTHIKEYAN ... 2nd Respondent / 3rd Respondent 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 petitoners to withdraw the admitted liability amount Rs.43,00,000/- with the accrued interest to the credit of MCOP.No.9 of 2019 on the file of the Motor Accident Claims Tribunal / Subordinate Judge, Ambasamudram , pending disposal of CMA(MD) No.765 of 2023.

Prayer in CMA(MD). 765/ 2023 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act to set aside the order of the Tibunal of MACT cum Subordinate Judge, Ambasamudram made in M.C.O.P.No.9 of 2019 dated 27-01-2023 and allow the appeal with costs. 1/3

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.K.SURESH KUMAR, Advocate for the petitioners and of Mr.C.JAWAHAR RAVINDRAN on behalf of the Respondent No1, the court made the following order:- This petition has been file to permit the petitioners to withdraw the admitted liability amount of Rs.43,00,000/- with accrued interest to the credit of MCOP No.9 of 2019.

2.The Learned Counsel appearing for the Insurance company has not raised any serious objection to withdraw the deposited amount. 3.Therefore, the petitioners are directed to withdraw the deposited amount with accrued interest and Costs, which is lying in the credit of MCOP No.9 of 2019 on the file of the Motor Accident Claims Tribunal/Subordinate Court, Ambasamudram, as per the shares apportioned by the Tribunal. sd/- 05/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

KSA 2/3

To The Motor Accident Claims Tribunal / Subordinate Court, Ambasamudram.

+1 CC to M/s.K.SURESH KUMAR, Advocate ( SR-294[I] dated 08/01/2024 )

ORDER

IN Date :05/01/2024 ED/ JGB /SAR- (11/01/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3