Allowed

Sumathi v. M/S.National Insurance Com.

Madras HC19 Apr 2017CMP(MD)/2030/2017

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court permitted petitioners/claimants to withdraw 50% of the deposited compensation amount and interest from court accounts without requiring security. The respondent insurance company submitted no objection to the withdrawal.

What did the court decide?

Permission to withdraw 50% of the deposited award amount and accrued interest without furnishing any security.

Sumathi Vs M/S.National Insurance Com. — Motor Accident Claims | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Wednesday, the Nineteenth day of April Two Thousand Seventeen

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PRESENT

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The Hon`ble Mr.Justice T.S.SIVAGNANAM

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and The Hon`ble Mr.Justice P.VELMURUGAN

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CMP(MD) No.2030 of 2017 IN

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CMA(MD) No.1135 of 2015

1 SUMATHI

2 PARTHIBAN

3 BALAJI

... PETITIONERS/RESPONDENTS 1 TO 3

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1 M/S.NATIONAL INSURANCE COMPANY LTD., REP.BY ITS DIVISIONAL MANAGER,

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NO.3, NORTH VELI STREET,

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MADURAI TOWN. ... RESPONDENT/APPELLANT

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2 PONNIRUL (DIED) ... 2ND RESPONDENT/4TH RESPONDENT

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3 SOORANAMMAL ... 3RD RESPONDENT/5TH RESPONDENT

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Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioner to withdraw 50% of the award amount along with accrued interest which has been deposited to the credit of M.C.O.P.No.76 of 2011 on the file of Motor Accident Claims Tribunal (Subordinate Court) Paramakudi.

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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.D.SENTHIL, Advocate for the petitioner and of M/S.J.S.MURALI, Advocate on behalf of the Respondent 1 the court made the following order:-

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O R D E R

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[Order of the Court by T.S.SIVAGNANAM, J.]

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Heard the learned counsel appearing for the parties and perused the materials placed on record. https://hcservices.ecourts.gov.in/hcservices/

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2. The petitioners / claimants have filed this miscellaneous

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petition seeking permission of this Court to withdraw 50% of the award amount along with accrued interest deposited to the credit of C.M.A.(MD) No.1135 of 2015, in the Indian Bank, High Court Branch, Madurai Bench of Madras High Court, Madurai.

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3. The learned counsel appearing for the first respondent / Insurance Company submitted that as per the order, dated 28.09.2015, the entire compensation amount has been deposited and he has also no serious objection in permitting the petitioners / claimants to withdraw 50% of the award amount.

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4. Considering the nature of the case pleaded by the petitioners / claimants and taking note of the fact that the entire compensation amount has been deposited, we permit the petitioners / claimants to withdraw 50% of the amount lying in the Court deposit, without furnishing any security.

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/ TRUE COPY /

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO

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THE MOTOR ACCIDENT CLAIMS TRIBUNAL (SUBORDINATE COURT), PARAMAKUDI.

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COPY TO: THE BRANCH MANAGER, INDIAN BANK, HIGH COURT BRANCH, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1. C.C. to M/S.D.SENTHIL, Advocate SR.No.20718 +1. C.C. to M/S.J.S.MURALI, Advocate SR.No.20582

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KRK/SKM

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CSL/KKR/SAR-III/24.04.2017 : 2P/5C

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ORDER

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IN CMP(MD) No.2030 of 2017 IN

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CMA(MD) No.1135 of 2015 Date :19/04/2017

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

Sumathi v. M/S.National Insurance Com.

Case brief

What is this about?

What did the court decide?

Sumathi v. M/S.National Insurance Com.

Case brief

What is this about?

What did the court decide?

What the court decided

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