Dismissed

Irulayee v. R.Sanjeevi

Madras HC20 Jun 2017CMP(MD)/3570/2017

Case brief

AI extract

What is this about?

Appellants challenged contributory negligence fixation via appeal seeking permission to withdraw Tribunal-deposited compensation. Court dismissed petition, directing claimants to approach the Tribunal directly as no stay was granted by the other party.

What did the court decide?

Petition dismissed. Tribunal directed to dispose of Internal Application No.32 of 2017 on merits without High Court reference.

Irulayee Vs R.Sanjeevi — Execution and Attachment | Madras HC (2017)

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

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Tuesday, the Twentieth day of June Two Thousand Seventeen

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PRESENT

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The Hon`ble Mr.Justice R.SUBRAMANIAN

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CMP(MD) No.3570 of 2017 IN CMA(MD) No.122 of 2015

1 IRULAYEE

2 PITCHAIMMAL

3 SETHURAMAN

4 RAMU ... PETITIONERS/APPELLANTS

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1 R.SANJEEVI

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2 THE DIVISIONAL MANAGER M/S.SRI RAM GENERAL INS.CO.LTD., 10003E.8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-302022.

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3 THE DIVISIONAL MANAGER

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THROUGH THE BRANCH MANAGER,

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M/S.SRIRAM GENERAL INS.CO.LTD.,

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SUGUNA STORE BUILDING,

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2ND FLOOR, ANNA NAGAR, MADURAI-20. ... RESPONDENTS/RESPONDENTS

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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 the amount awarded by the Motor Vehicle Accident Claims Tribunal/Sub-Court, Aruppukootati in MCOP.No.70 of 2010 on 13/09/2012 infavour of the Petitioner along with accrued interest.

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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.G.MARIMUTHU, Advocate for the petitioner, the court made the following order:-

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The above appeal in C.M.A(MD)No.122 of 2015 is filed by the Petitioners/claimants, challenging the fixation of the contributory negligence by the Tribunal.

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2.Admittedly, either the Insurance Company or the owner of the two-wheeler against whom the award has been passed, have not https://hcservices.ecourts.gov.in/hcservices/ challenged the award and obtained an order of stay. Therefore, it is open to the Petitioners/claimants to approach the Tribunal for

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withdrawing whatever the compensation that has been deposited either by the Insurance Company or by the owner of the two-wheeler.

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3.In paragraph 8 of the affidavit filed in support of this application, it is stated that the Registry of the Tribunal had informed the Petitioners/claimants that they should approach this Bench seeking permission to withdraw, in view of the pendency of this appeal. Even if true, such a direction cannot be accepted when either the Insurance Company or the owner of the two-wheeler against whom the award has been passed, has not challenged the award. Pendency of this appeal filed by the Petitioners/claimants cannot be a ground for the claimants to seek permission of this Court to withdraw the amount that has been deposited before the Tribunal. Therefore, the Tribunal shall take the application in I.A.No.32 of 2017 filed by the Petitioners/Claimants seeking withdrawal of the compensation amount on file and dispose of the same, on merits, without reference to the pendency of this appeal in this Court, at the instance of the Petitioners/claimants.

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4.With the above observation, this Petition stands dismissed.

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sd/20/06/2017 / TRUE COPY /

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

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THE SUBORDINATE JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL, ARUPPUKOTTAI

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+1. C.C. to M/S.G.MARIMUTHU Advocate SR.No.24675

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ORDER IN CMP(MD) No.3570 of 2017 IN CMA(MD) No.122 of 2015 Date :20/06/2017

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SMA/KK/SAR-4/22.06.2017:2P/3C

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

Irulayee v. R.Sanjeevi

Case brief

What is this about?

What did the court decide?

Irulayee v. R.Sanjeevi

Case brief

What is this about?

What did the court decide?

What the court decided

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