Allowed

Sujithra, v. the Oriental Insurance Company Limited

Madras HC14 Oct 2022CMP(MD)/8145/2021

Case brief

AI extract

What is this about?

This order permitted petitioners to withdraw 50% of award amounts deposited in Motor Accident Claims Tribunal cases, transferring the balance to the High Court account pending appeal disposal, following respondents' no objection.

What did the court decide?

Petitioners permitted to withdraw Rs.27,90,620/- (50%) plus interest in C.M.P.(MD)No.8145/2021; Rs.11,00,000/- each plus interest for petitioners 1 and 2, and Rs.7,00,500/- for petitioner 3 in C.M.P.(

Sujithra, Vs the Oriental Insurance Company Limited — Motor Accident Claims | Madras HC (2022)

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C.M.P.(MD)Nos.8145 and 8756 of 2021

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

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Friday, the Fourteenth day of October Two Thousand and Twenty Two PRESENT

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The Hon`ble Mr.Justice R.MAHADEVAN and

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The Hon`ble Mr.Justice J.SATHYA NARAYANA PRASAD

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C.M.P.(MD)Nos.8145 and 8756 of 2021

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C.M.A.(MD)Nos.113 and 114 of 2021

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1 SUJITHRA 2 MONICKA ... PETITIONERS/RESPONDENT 1&2/ RESPONDENT 1 & 2

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IN CMP(MD) No.8145/2021 in CMA(MD) No.113/2021

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1 SUJITHRA 2 MONICKA

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3 ROMENAMMAL ... PETITIONERS/RESPONDENT 1&3/

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RESPONDENT 1 & 3 IN CMP(MD) No.8756/2021 in CMA(MD) No.114/2021

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THE ORIENTAL INSURANCE COMPANY LIMITED, THROUGH IT'S REGIONAL MANAGER, GOPALRAO LIBRARY BUILDING, TOWN HALL ROAD, KUMBAKONAM TOWN, THANJAVUR. ... 1^st

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... 1^st RESPONDENT/PETITIONER/ APPELLANT IN BOTH PETITIONS

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THE PROPRIETOR, M/S. THIRUMANGALAM AUTO SUPPLIES,

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NO. 132, TPP KASINAGAR AND SONS, BPC DEALER, VIRUDHUNAGAR ROAD,

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MADURAI TOWN, MADURAI.

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THE NATIONAL INSURANCE COMPANY LTD., THROUGH IT'S REGIONAL MANAGER, D.NO.1754/56, MANOJIYAPPA STREET,

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THANJAVUR TOWN, THANJAVUR.

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... RESPONDENTS 2&3/RESPONDENTS 3&4/ RESPONDENTS 3&4 IN CMP(MD) No.8145/2021 in CMA(MD) No.113/2021

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https://www.mhc.tn.gov.in/judis

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... RESPONDENTS 2&3/RESPONDENTS 4&5/ RESPONDENTS 4&5 IN CMP(MD) No.8756/2021 in CMA(MD) No.114/2021

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C.M.P.(MD)Nos.8145 and 8756 of 2021

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Prayer in CMP(MD). 8145/2021 in CMA(MD). 113/2021 :

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Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the Petitioners to withdraw 50 percentage of the award amount with accrued interest in the credit of M.C.O.P. No. 15 of 2018 on the file of Motor Accident Claims Tribunal/III Additional District and Sessions Court, Thanjavur now transfer the said award of 50 percentage in C.M.A.(MD). No. 113 of 2021 before the Indian Bank, High Court Branch, Madurai.

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Prayer in CMA(MD). 113/2021 :

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To set aside the Judgment and Decree dated 27.06.2019 passed in MCOP No.15/2018 on the file of the Motor Accidents Claims Tribunal / III Additional District and Sessions Court, Thanjavur camp at Pattukottai.

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Prayer in CMP(MD). 8756/ 2021 in CMA(MD). 114/2021 :

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Pleased to permit the petitioner to withdraw 50 percentage of the award amount with accrued interest in the credit of MCOP No.16 of 2018 on the file of Motor Accident Claims Tribunal/III Additional District and Sessions Court, Thanjavur now transfer the said award of 50 percentage in CMA(MD) No.114 of 2021 before the Indian Bank, High Court Branch, Madurai.

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Prayer in CMA(MD). 114/2021 :

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ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.V.KARUNA, Advocate for the petitioner in both petitions and of MR.J.S.MURALI, Advocate on behalf of the Respondent No.3 in both petitions, the court made the following order:-

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[Order of the Court was made by R.MAHADEVAN, J.]

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These petitions are filed by the petitioners / claimants, seeking permission to withdraw 50 % of the award amount with accrued interest deposited to the credit of M.C.O.P.Nos.15 and 16 of 2018 on the file of Motor Accident Claims Tribunal / III Additional District and Sessions Court, Thanjavur, now transferred to the credit of C.M.A(MD)Nos.113 and 114 of 2021 before the Indian Bank, Madurai Bench of Madras High Court, Madurai.

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2.This Court, by order dated 10.02.2021, has granted interim stay, directing the appellant to deposit 50% of the award amount in both the appeals and the appellant has also complied with the said order.

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https://www.mhc.tn.gov.in/judis

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2/3

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C.M.P.(MD)Nos.8145 and 8756 of 2021

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3.Today, when the matter was taken up for hearing, the learned counsel for the 1^st respondent / appellant Insurance Company submitted that in respect of the award amount deposited in C.M.A. (MD)No.113 of 2021, the appellant has no objection for withdrawal of Rs.27,90,620/- by the claimants therein and in respect of the award amount deposited in C.M.A.(MD)No.114 of 2021, the appellant has no objection for withdrawal of Rs.29,00,500/- by the claimants therein.

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4.Considering the reasons stated in the supporting affidavits and the no objection given by the 1^st respondent / appellant, these petitions are ordered and the petitioners in C.M.P.(MD)No.8145 of 2021 are permitted to withdraw the amount of Rs.27,90,620/- equally with proportionate accrued interest. As far as C.M.P.(MD)No.8756 of 2021 is concerned, the petitioners 1 and 2 are permitted to withdraw Rs.11,00,000/- each and the 3^rd petitioner is permitted to withdraw Rs.7,00,500/- along with proportionate accrued interests. The balance amount shall be kept in the aforesaid Bank deposit, till the disposal of these appeals.

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/ TRUE COPY /

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/11/2022

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

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THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THANJAVUR.

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ORDER

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C.M.P.(MD)Nos.8145 and 8756 of 2021 in C.M.A.(MD)Nos.113 and 114 of 2021

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Date :14/10/2022

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myr

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USK/GB/SAR-I/02.11.2022/3P/2C

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https://www.mhc.tn.gov.in/judis

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Sujithra, v. the Oriental Insurance Company Limited

Case brief

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Sujithra, v. the Oriental Insurance Company Limited

Case brief

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