Dismissed

M. Murugasvari v. Iffco Tokyo General Insurance

Madras HC9 Aug 2017CMP(MD)/6166/2017

Case brief

AI extract

What is this about?

This miscellaneous petition permission to withdraw 50% of the accident claim deposit. The court directed the remaining amount to be deposited in an interest-bearing account, with the guardian allowed to withdraw interest periodically.

What did the court decide?

Permitted withdrawal of 50% of the deposited award amount; remaining amount placed in interest-bearing bank account with periodic interest withdrawal rights for the guardian.

M. Murugasvari Vs Iffco Tokyo General Insurance — 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 Ninth day of August Two Thousand Seventeen PRESENT

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The Hon`ble Mr.Justice K.K.SASIDHARAN and

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The Hon`ble Mr.Justice G.R.SWAMINATHAN

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CMP(MD) No.6166 of 2017 IN

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CMA(MD) No.158 of 2017

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1 M. MURUGASVARI

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2 M. AJITH KUMAR

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3 MINOR. M.PRIYA D/O, LATE MUTHURAMAN 4 MARIAMMAL ... PETITIONERS/RESPONDENTS 1 TO 4/ CLAIM PETITIONERS

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1 IFFCO TOKYO GENERAL INSURANCE COMPANY LTD., PREETHAM PLAZA, 1ST FLOOR CHANDRAKANDHI NAGAR, PONMENI, BYE PASS ROAD, MADURAI. ... RESPONDENT/APPELLANT/RESPONDENT.1

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2 NELLIYAN ... RESPONDENT/5TH RESPONDENT/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 petitioners to withdraw the deposited award amount of Rs.26,90,666/- without furnishing security, which is lying in court deposited to the credit of in M.C.O.P.NO. 476/2013 before motor accident claims tribunal at Madurai.

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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.A.THEETHAR, Advocate for the petitioner and of M/S.S.SRINIVASA RAGHAVAN, Advocate on behalf of the Respondents the court made the following order:-

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[Order of the Court was made by K.K.SASIDHARAN, J. ]

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The petitioners 1, 2 and 4/claimants 1, 2 and 4 are permitted to withdraw 50% of the amount deposited by the first respondent/appellant as apportioned in M.C.O.P.No.476 of 2013 on the file of the Motor Accident Claims Tribunal, Madurai.

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2.The minor's share and the remaining amount shall be deposited https://hcservices.ecourts.gov.in/hcservices/ in any one of the Nationalised banks in an interest bearing account, initially for a period of two years with a provision for renewal.

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The first petitioner/guardian is entitled to withdraw the interest, once in three months.

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3.The miscellaneous petition is disposed of with the above direction.

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sd/09/08/2017

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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,(VI ADDITIONAL DISTRICT JUDGE), MADURAI.