Allowed

R.Charles, v. United India Insurance Co.Ltd.

Madras HC10 Jan 2014CRP(MD)/2273/2013

Case brief

AI extract

What is this about?

This revision petition was filed to challenge the Motor Accident Claims Tribunal's refusal to allow withdrawal of the entire deposited compensation. The High Court allowed the petitioner to withdraw a partial amount while the balance was kept in fixed deposit.

What did the court decide?

Permitted the withdrawal of Rs. 11,46,335/- (Rs. 6,46,335/- plus Rs. 5 Lakhs already permitted); directed balance amount to be kept in Fixed Deposit with quarterly interest.

R.Charles, Vs United India Insurance Co.Ltd. — Execution and Attachment | Madras HC (2014)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 10.01.2014

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CORAM:

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THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN

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C.R.P.(NPD)(MD)No.2273 of 2013

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R.Charles ... Petitioner/Petitioner/Claimant

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Vs -

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The United India Insurance Company Ltd., through its Branch Manager, Venkateswara Shopping Complex, No.100, South Car Street, Chidambaram, Cuddalore District. ... Respondent/Respondent/2nd Respondent

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Prayer: Petition filed under Article 227 of the Constitution of India against the petition and order made in I.A.No.710 of 2013 in M.C.O.P.No.665 of 2010, on the file of the Motor Accident Claims Tribunal (Principal Sub Judge), Tirunelveli, dated 13.11.2013.

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For Petitioner : Mr.T.Selvakumaran For Respondent : Mr.J.S.Murali

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ORDER

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This Civil Revision Petition has been filed by the claimant against the order of the trial Court in refusing to permit the petitioner to withdraw the entire compensation amount of Rs.14,46,335/-, which was deposited by the respondent, pursuant to the award passed in M.C.O.P.No.665 of 2010, dated 10.08.2012.

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Heard Mr.T.Selvakumaran, learned Counsel for the petitioner and Mr.J.S.Murali, learned Counsel for the respondent and perused the materials available on record.

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It is seen from the record that the respondent herein already stated no objection for allowing the petition before the trial Court itself. It is also seen from the trail Court order, only in the interest of the petitioner, the trial Court permitted to withdraw only a sum of Rs.5 Lakhs, towards medical expenses. To safeguard the interest of the petitioner only, the balance amount is directed to be kept in deposit.

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Considering the fact that the petitioner seeks to withdraw the amount for medical expenses and also for starting a business, it is appropriate to permit the petitioner to withdraw a sum of Rs.6,46,335/(Rupees Six Lakhs Forty Six Thousand Three Hundred and Thirty Five only) apart from a sum of Rs.5 Lakhs already permitted by the trial Court and https://hcservices.ecourts.gov.in/hcservices/ in all amounting to a sum of Rs.11,46,335/-(Rupees Eleven Lakhs Forty Six Thousand Three Hundred and Thirty Five only). The balance amount is

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directed to be kept in a Fixed Deposit in the name of the petitioner and the petitioner shall be permitted to withdraw interest in every three months.

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This Civil Revision Petition is ordered accordingly. No costs. 10.01.2014

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ssl

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Sd/-

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Assistant Registrar[CO]

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/True copy/

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Sub Assistant Registrar

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The Motor Accident Claims Tribunal (Principal Sub Judge), Tirunelveli.

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The Section Officer,

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VR. Section,

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Madurai Bench of Madras High Court, Madurai.

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+1 cc to Mr.J.S.Murali, Advocate Sr.No.2482.

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C.R.P.(NPD)(MD)No.2273 of 2013

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Dated:10.01.2014

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2P/4C RPB 27.01.2014

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https://hcservices.ecourts.gov.in/hcservices/

R.Charles, v. United India Insurance Co.Ltd.

Case brief

What is this about?

What did the court decide?

R.Charles, v. United India Insurance Co.Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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