Allowed

M.Pudumadathi, v. National Insurance Company Limited

Madras HC28 Aug 2023CMP(MD)/2950/2023

Case brief

AI extract

What is this about?

The High Court permitted petitioners to withdraw 50% of the amount deposited by the insurance company in compensatory proceedings, subject to the Tribunal's directions on shares. Minors' amounts must remain in deposit.

What did the court decide?

Petitioners permitted to withdraw 50% of the deposited award amount with proportionate interest; minors' shares to remain in deposit.

M.Pudumadathi, Vs National Insurance Company Limited — Banking and Recovery | Madras HC (2023)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Eighth day of August Two Thousand and Twenty Three

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PRESENT

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The Honble Dr.Justice ANITA SUMANTH and The Honble Mr.Justice R.VIJAYAKUMAR

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CMP(MD) Nos.2950 & 3306 of 2023 in CMA(MD)Nos.941 & 942 of 2021

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1 M.PUDUMADATHI

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2 MINOR M. BABY SATHYA,

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3 MINOR M. VASANTH (MINOR 2^nd AND 3^rd PETITIONERS REP THROUGH THEIR MOTHER AND NEXT FRIEND PUDHUMADATHI 1^st PETITIONER HEREIN)

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4 SUDALAIMUTHU

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... PETITIONERS/RESPONDENTS in CMP(MD)No.2950 of 2023

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1 N.BANUPRIYA

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2 MINOR.N.SANTHIYA (MINOR 2^nd PETITIONER REP.THROUGH HER MOTHER AND NEXT FRIEND BANUPRIYA 1^st PETITIONER HEREIN)

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3 MUTHU

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... PETITIONERS/RESPONDENTS 1 TO 3/ CLAIMANTS

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

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1 NATIONAL INSURANCE COMPANY LIMITED, TATA BEBU, DEPARTMENT OF MOTOR TIE-UP BUSINESS ROYAL INSURANCE BUILDING 2ND FLOOR, 14-J, TATA ROAD, CHURCH GATE, MUMBAI, MAHARASHTRA ... 2^nd RESPONDENT/APPELLANT in CMP(MD)No.2950 of 2023 (POLICY NO.2533103114015003820) ...1^st RESPONDENT/APPELLANT in CMP(MD)No.3306 of 2023

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2 D.SAMUVEL RAJ

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... RESPONDENT/5^th RESPONDENT in CMP(MD)No.2950 of 2023 ... 2^nd RESPONDENT/4^th RESPONDENT in CMP(MD)No.3306 of 2023

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Civil Miscellaneous petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permi the petitioners 1,4 to withdraw their share from the entire award amount with accrued interest and entire interest of minor petitioners No.2,3 in the above CMA (MD).No. 941/2021 and the amount was deposited MCOP No. 727 of 2015 on the file of Motor Accident Claims Tribunal/Special Subordinate Judge, Tirunelveli.

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Prayer in CMP(MD). 3306/ 2023 :

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To permit the petitioners 1,3 to withdraw their share from the entire award amount with accured interest and entire interest of Minor Petitioner No.2 in the above CMA(MD).No.942/2021 and the amount was deposited MCOP.No.728/2015 on the file o the Motor Accident Claims Tribunal(Special Sub Court), Tirunelveli.

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Prayer in CMA(MD). 941/ 2021 :

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To set aside the fair and decreetal order dated 05.11.2019 made in MCOP No. 727 of 2015 on the file of Motor Accident Claims Tribunal/Special Subordinate Judge Dealing with MCOP Cases, Tirunelveli, and allow this appeal.

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Prayer in CMA(MD). 942/ 2021 :

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To set aside the fair and decreetal order dated 05.11.2019 made in MCOP No. 728 of 2015 on the file of Motor Accident Claims Tribunal/Special Subordinate Judge https://www.mhc.tn.gov.in/judis Dealing with MCOP Cases, Tirunelveli, and allow this appeal.

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COMMON ORDER : These Civil Miscellaneous petitions coming up for orders on this day, upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of M/S.V.ESAKKIMUTHU, Advocate for the petitioner in both the petitions and of Mr.A.MUGERAT, Advocate for Mr.S.SRINIVASARAGHAVAN, Advocate on behalf of the 1^st Respondents in both the petitions, the Court made the following order:-

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(Order of the Court was made by DR.ANITA SUMANTH, J.)

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Heard the learned counsel.

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The Insurance Company / appellant in appeals has been directed to deposit

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the entire amount awarded and the entire amount has been so deposited. Though the present petitions are for withdrawal of the entire amount, learned counsel for the petitioners / respondents in appeal restricts the prayer to 50% of the amount so deposited only. No objection is putforth by the appellant to such request.

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Hence, these Civil Miscellaneous Petitions are ordered to the extent that the petitioners are permitted to withdraw 50% of the amount deposited along with proportionate interest for which purpose, the petitioners may present themselves before the Motor Accident Claims Tribunal / Special Sub Court, Tirunelveli with necessary documents.

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The withdrawal shall be in line with the directions issued in this regard by the Tribunal qua the shares assigned. As regards minors, the amount will remain in https://www.mhc.tn.gov.in/judis deposit and their mother shall be entitled to withdraw the interest alone.

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List the Civil Miscellaneous Appeals in due course.

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sd/29/08/2023

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/ TRUE COPY /

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/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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THE SPECIAL SUBORDINATE JUDGE/ MOTOR ACCIDENT CLAIMS TRIBUNAL, DEALING WITH MCOP CASES, TIRUNELVELI.

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+2 CC to M/s.V.ESAKKI MUTHU, Advocate ( SR-12865, 12864[I] dated 28/08/2023 )

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ORDER IN

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CMP(MD) Nos.2950 & 3306 of 2023 in CMA(MD)Nos.941 & 942 of 2021 Date :28/08/2023

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SS/JGB/30/08/2023/4P/4C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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

M.Pudumadathi, v. National Insurance Company Limited

Case brief

What is this about?

What did the court decide?

M.Pudumadathi, v. National Insurance Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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