The Madurai Bench of the Madras High Court permitted the appellant in a cheque petition, pending an appeal for compensation enhancement, to withdraw the deposited amount awarded by the Motor Accident Claims Tribunal along with interest and costs.
Permit to withdraw the entire deposited amount awarded by the Tribunal with accrued interest and costs.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Fifth day of April Two Thousand Sixteen
PRESENT
The Hon`ble Ms.Justice V.M.VELUMANI
CMP(MD) No.2913 of 2016 IN CMA(MD) No.14 of 2015 against M.C.O.P No.1085/1997
S.THANGAMALAI, ... PETITIONER/APPELLANT
Vs
1 T.R.KANNAN,
PROPRIETOR OF JEYA VILAS TRANSPORT
ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.
VIRUDHUNAGAR DISTRICT. ... RESPONDENTS/RESPONDENTS NO.1 TO 4
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass necessary order by allowing this petition and thereby permit the petitioner to with draw the deposit amount along with cost and interest which was deposited by the respondent in MCOP No.1085 of 1997 on the file of the Motor Accident Claims Tribunal, VI Additional District Judge, Madurai.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. N.MUTHULAKSHMI, Advocate for the petitioner and of MR.K.BHASKARAN Advocate for the Respondents the court made the following order:-
The petitioner filed M.C.O.P.No.1085 of 1997 on the file of the https://hcservices.ecourts.gov.in/hcservices/ learned VI-Additional District Judge, Madurai claiming compensation of Rs.1,00,000/-(Rupees one lakh only) for the injuries sustained by
him in the road accident. The learned VI-Additional District Judge, Madurai awarded a sum of Rs.25,000/- by award dated 10.12.2012. Against the said award, the respondents did not file any appeal. The petitioner filed appeal in C.M.A.(MD)No.14 of 2015 for enhancement of compensation. The same is pending before this Court. The petitioner filed cheque petition, before the lower Court, after getting endorsement of no objection from the respondent counsel. The VI-Additional District Judge, Madurai, returned the same stating “for the reason of pending appeal, any order can not be delivered in the cheque petition”. Now, the petitioner has come up with the present petition praying for permission to withdraw the deposited amount awarded by the Tribunal.
Post the C.M.A.(MD).No.14 of 2015 after two weeks for final disposal.
sd/05/04/2016 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE MOTOR ACCIDENT CLAIMS TRIBUNAL VI ADDITIONAL DISTRICT JUDGE, MADURAI
+1. C.C. to M/S. N.MUTHULAKSHMI Advocate SR.No.18975
ORDER
IN CMP(MD) No.2913 of 2016 IN CMA(MD) No.14 of 2015 Date :05/04/2016 GJM/SKS/RR/SAR-I-12.4.16-2P-3C
S.Thangamai
T.R. Kannan
The Oriental Insurance Company Limited
M/S. Samy Auto Mobiles
New India Assurance Company Limited
V.M. Velumani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
