In CMP(MD) No.2051 of 2018, the Madurai Bench allowed the petitioners to withdraw 50% of the deposited award amount after confirming the respondent complied with the interim stay condition regarding the deposit and interest.
Permission granted to petitioners/claimants to withdraw 50% of the deposited amount as apportioned by the Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Fourth day of April Two Thousand Eighteen
PRESENT
The Hon`ble Mrs.Justice J.NISHA BANU
CMP(MD) No.2051 of 2018 IN
CMA(MD) No.24 of 2016
1 PHILOMINAL
THROUGH ITS BRANCH MANAGER,
KARAIKUDI DIVION, MARUDHUPANDIYAR NAGAR, KARAIKUDI.
..1ST RESPONDENT/APPELLANT
2 K.MATHIVANAN ... 2ND RESPONDENT/6TH RESPONDENT
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to withdraw the amount deposited by the 1st respondent/Appellant in pursuance of the order dated 28.1.2016 of his Honourable Court in CMP(MD) No.367 of 2016 in CMA(MD) No.24 of 2016 filed as against the award dated 22.2.2013 passed in M.C.O.P.No.12 of 2011 on the file of Learned Motor Accidents Claim Tribunal, Subordinate and Assistant Sessions Court, Devakottai
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.VR.SHANMUGANATHAN, Advocate for the petitioner and of MR.D.SIVARAMAN, Advocate for the Respondent-1 the court made the following order:-
This Court, by order dated 28.01.2016, has granted on order of interim stay, on condition that the appellant/insurance company shall deposit 50% of the award amount with proportionate interest and costs to the credit of M.C.O.P.No.12 of 2011, on the file of the Motor Accident Claims Tribunal, Subordinate cum Assistant Sessions Court, Devokottai, with a default clause.
https://hcservices.ecourts.gov.in/hcservices/ 2. When the matter came up for hearing today, it is represented by the learned Counsel for the appellant/insurance company that the
conditional order of this Court dated 28.01.2016, has been compiled with. The learned Counsel appearing for the claimants/respondents 1 to 5 in the above appeal sought permission of this Court to withdraw 50% of the deposited amount, for which, the learned Counsel for the appellant/insurance company has no serious objections.
sd/-
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
Madurai - 625 023.
TO
THE SUBORDINATE AND ASSISTANT SESSIOINS JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DEVAKOTTAI.
GJM/RR/CSL/SAR-4-10.4.18-2P-2C
ORDER IN CMP(MD) No.2051 of 2018 IN CMA(MD) No.24 of 2016 Date :04/04/2018
2 issues framed by the court
Whether the claimants are permitted to withdraw the 50% deposited amount under the conditional interim stay order.
Whether the insurance company had complied with the condition of depositing 50% of the award amount with interest and costs.
PHILOMINAL
TAMILNADU STATE TRANSPORT CORPORATION
J.NISHA BANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
