In an appeal challenging an interim order requiring deposit of compensation, the court approved the withdrawal of 50% of the awarded amount along with interest.
Directed deposit of full award; permitted withdrawal of 50% compensation with accrued interest and costs.
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.
CMP(MD) No.6988 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Twenty Fourth day of August Two Thousand and Twenty Three
PRESENT
The Honble Dr.Justice ANITA SUMANTH and The Honble Mr.Justice R.VIJAYAKUMAR
CMP(MD) No.6988 of 2023 in CMA (MD) No.425 of 2023
SUBBAIAH ALIAS SUBBAIAH PANDI ... Petitioner / 1st Respondent
Vs
1 M/s.ORIENTAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS BRANCH MANAGER, HAVING OFFICE AT 3RD FLOOR, S.K.G. COMPLEX, NORTH RADHA VEETHI, TENKASI. ... 1st
... 1st Respondent / Appellant
2 MUJEEB ...2nd Respondent/2nd Respondent
Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to withdraw 50 percent award amount with accrued interest deposited in MCOP No.256 of 2016 on the file of Motor Accident Tribunal cum Principal Sub-Court, Tenkasi.
Prayer in CMA(MD). 425/ 2023 :
Civil Miscellaneous Petition filed under Section 173 of Motor Vehicle Act to set aside the order of the Motor Accident Claims Tribunal cum Principal Sub Court, Tenkasi made in M.C.O.P.No.256 of 2016, dated 15-11-2022 and allow the appeal with costs.
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CMP(MD) No.6988 of 2023
ORDER : This civil miscellaneous 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. S.KUMAR, Advocate for the petitioner and of Mr.C.JAWAHAR RAVINDRAN, Advocate on behalf of the Respondent No.1, the court made the following order:-
(Order of the Court was made by DR.ANITA SUMANTH, J.)
This Civil Miscellaneous Petition has been filed by the first respondent in the appeal seeking withdrawal of 50% of the amount of compensation deposited.
https://www.mhc.tn.gov.in/judis 5. The petitioner may appear before the Motor Accident Claims Tribunal cum
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CMP(MD) No.6988 of 2023
Principal Sub Court, Tenkasi, with necessary documentation to enable withdrawal
of 50% of the compensation awarded with proportionate interest and costs.
sd/24/08/2023
/ TRUE COPY /
/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SM
To
The Principal Sub Judge, Motor Accident Claims Tribunal, Tenkasi.
+1 CC to M/s.S.KUMAR, Advocate ( SR-12829[I] dated 25/08/2023 )
ORDER IN CMP(MD) No.6988 of 2023 in CMA (MD) No.425 of 2023 Date :24/08/2023
ED/DD/SAR- (29/08/2023) 3P / 2C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether the appellant is liable to deposit the entirety of the award or only the estimated 50% required for interim withdrawal.
Colour shows how this judgement treated each authority
Kalim Khan vs. FimidabeeRelied on¶22
Kalim Khan and Others vs. Fimidabee and Others (2018 (7) SCC 687) · Who else cites this
1 provisions across 1 enactments
1 M/s. Oriental Insurance Company Limited
Subbaiah Alias Subbaiah Pandi
Mujeeb
Anita Sumanth
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
