The Madras High Court allowed a miscellaneous petition seeking permission to withdraw a portion of the deposited amount in a pending motor accident claim case. The court permitted the withdrawal of 50% of the sum without requiring security.
Permission to withdraw 50% of the deposited amount in MCOP. No. 26/2019 without security.
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.
C.M.P.(MD)No.16187 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Twelfth day of December Two Thousand and Twenty Four
PRESENT
The HONOURABLE MR. JUSTICE G.R.SWAMINATHAN
and
The HONOURABLE MS. JUSTICE R. POORNIMA
C.M.P.(MD)No.16187 of 2024
in C.M.A.(MD)No.1320 of 2024
A.ABUBAKKER SIDDIQUE
... PETITIONER/1ST RESPONDENT
Vs
LIBERTY VIDEOCON GENERAL INSURANCE COMPANY LIMITED, NO.79/2, 3RD FLOOR, MADURAI. ...1ST RESPONDENT/APPELLANT
2 P.THANGAPANDI
...2ND RESPONDENT/2ND RESPONDENT
3 SRI.HARIVELMANI
REPRESENTED BY FATHER AND GUARDIAN, M.PARAMESWARAN, PLOT NO.3,LAWYER GARDENT, SBOA COLONY EXTENSION, PONMENI,MADURAI.
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C.M.P.(MD)No.16187 of 2024
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the petitioner to withdraw the deposited amount in MCOP.No. 26/2019 on the file of the Motor Accident Claims Tribunal/ Subordinate Judge, Uthamapalayam pending disposal of CMA(MD).No. 1320/2024 and thus render justice.
PRAYER IN C.M.A.(MD)No.1320 of 2024:
To set aside the judgment and decree passed in M.C.O.P.No.26 of 2019 on the file of the Motor Accident Claims Tribunal(Sub Court) Uthamapalayam dated 10.01.2024 and allow the Civil Miscellaneous Appeal.
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 MR.K.SURESH KUMAR, Advocate for the petitioner and of MR.K.SANKAR, Advocate on behalf of the Respondents the court made the following order:-
The claimant has filed this petition for withdrawal of the deposited amount.
2.The learned standing counsel for the insurance company submitted that the
award has been questioned both on the ground of negligence as well as on the ground of quantum.
3.In the interest of justice, we permit the petitioner to withdraw 50% of the deposited amount without security.
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C.M.P.(MD)No.16187 of 2024
4.This miscellaneous petition is allowed accordingly.
sd/12/12/2024
/ TRUE COPY /
/12/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
ias
TO
The Motor Accident Claims Tribunal/ Subordinate Judge, Uthamapalayam
+1 CC to M/s.K.SURESH KUMAR, Advocate ( SR-15295[I] dated 12/12/2024 )
+1 CC to M/s.K.R.SHIVA, Advocate ( SR-15405[I] dated 13/12/2024 )
ORDER IN C.M.P.(MD)No.16187 of 2024 in C.M.A.(MD)No.1320 of 2024 Date :12/12/2024
RK/GSV (17/12/2024) 3P / 4C
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 petitioner is permitted to withdraw 50% of the deposited amount in the motor accident claims case without providing security.
A. Abubakker Siddique
Liberty Videocon General Insurance Company Limited
P. Thangapandi
Sri. Harivelmani
The Branch Manager The Oriental Insurance Company
G.R. Swaminathan
R. Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
