Petitioners sought withdrawal of 50% of the award amount to the credit of MCOP pending disposal of main appeal CMA No.123 of 2019. Court closed the petition noting main appeal is ripe for arguments.
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CMP(MD) No.1523 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Thirteenth day of February Two Thousand and Twenty Three
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.1523 of 2021 IN CMA NO.123 of 2019
1 SAROJA 2 M.PREMKUMAR 3 M.SURESHKANNAN 4 M. ASHOK KUMAR ... PETITIONERS 1 TO 4/ RESPONDENTS 1 TO 4
Vs
1 THE BRANCH MANAGER
IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD.,
SANAKARNTHI POST,
KOTTAIYAM DT,
KERALA STATE 686 028. ... 1ST RESPONDENT/APPELLANT
2 ANIL KUMAR
3 SURESHKANNAN ... RESPONDENTS 2 & 3/ RESPONDENTS 5 & 6
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit us to withdraw the 50 percent of the award amount with the accrued interest to the credit of MCOP No. 128 of 2016 on the file of the Motor Accident Claims Tribunal Judge/ Additional District Judge (FTC), Theni pending disposal of CMA(MD) No. 123 of 2019 and thus render justice.
PRAYER IN CMA NO.123 of 2019:-
To set aside the judgement and decree 01.09.2018 passed in MCOP No.128 of 2016 on the file of the Motor Accidents Claims Tribunal Judge (Additional District Judge(FTC) of theni by allowing this appeal.
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CMP(MD) No.1523 of 2021
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.SURESHKUMAR, Advocate for the petitioner, the court made the following order:-
Since the main appeal is ripe for arguments, this petition is closed.
sd/13/02/2023
/ TRUE COPY /
/02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
Motor Accident Claims Tribunal Judge/ Additional District Judge (FTC), Theni
ORDER IN CMP(MD) No.1523 of 2021 IN
CMA No.123 of 2019
Date :13/02/2023
NA/SBN/SAR-4/15.02.2023/2P/2C
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SAROJA ET AL.
IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD.
ANIL KUMAR
R. THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
