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Madras High CourtCMP(MD)/17630/2023dismissed as infructuous

Mohammed Faarook v. The Managing Director

2024-04-15Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fifteenth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in CMA(MD) No.966 of 2023 MOHAMMED FAAROOK ... Petitioner / Respondent / Respondent Vs THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION, PERIYAMILAGUPARAI, TRICHY.

... Respondent / Petitioner / Appellant 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 herein to withdraw 50 percentage of the award amount with accrued interest and cost which is deposited by the Appellant in MACOP No.334 of 2012 on the file of the Motor Accidents Claims Tribunal/ The Learned Special Sub Judge, Tiruchirppalli.

Prayer in CMA(MD). 966/ 2023 :

Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act to allow this appeal by set aside the award/order dated 04.11.2022 made in MCOP.No.334 of 2014 on the file of the Motor Accident Claim Tribunal / The Learned Special Sub Judge, Trichy.

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 1/3

arguments of M/s.S.M.MOHAN GANDHI, Advocate for the petitioner and of Mr.K.RAMAIAH, Advocate on behalf of the Respondent, the Court made the following order:- This petition has been filed to withdraw 50 percentage of the award amount with accrued interest and cost which is deposited by the Appellant in MACOP No.334 of 2012 on the file of the Motor Accidents Claims Tribunal/ The Learned Special Sub Judge, Tiruchirppalli.

2.The learned counsel for the respondent would submit that so far no amount was deposited by the insurance company in this matter. Hence, the prayer sought for in this petition has become infructuous.

3.In view of the above, this petition is dismissed as infructuous. 4.List the main appeal for final disposal on 29.04.2024. sd/- 15/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM To The Special Subordinate Judge, Motor Accident Claims Tribunal, Tiruchirappalli. 2/3

ORDER

IN in CMA(MD) No.966 of 2023 Date :15/04/2024 ED/ GS /SAR- (18/04/2024) 3P / 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3