Partly allowed

Menaka @ Kuppammal v. the Branch Manager

Madras HC5 Jun 2024CMP(MD)/6669/2024

Case brief

AI extract

What is this about?

In this miscellaneous petition, the Madurai Bench of the Madras High Court allowed the transfer of an award amount fixed deposit deposited with the CMA file to the Motor Accidents Claims Tribunal file, permitting the claimant to withdraw the funds.

What did the court decide?

Fixed deposit discharged from CMA(MD) No.248/2016, credited to M.C.O.P. No.97/2011, and petitioner allowed to approach Lower Court for withdrawal

Menaka @ Kuppammal Vs the Branch Manager — Banking and Recovery | Madras HC (2024)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Civil Appellate Jurisdiction

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Wednesday, the Fifth day of June Two Thousand and Twenty Four

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PRESENT

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The Hon`ble Mrs.Justice S.SRIMATHY

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CMP(MD). No.6669 of 2024 in CMA(MD)No.248 of 2016

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1.Menaka @ Kuppammal

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Devakirubai (Died)

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2.A.Vincent

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... Petitioner/1 & 2 Respondent

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(The Legal heir of the deceased Devakirubai impleaded by the order passed in I.A. 86/2023 Dated 24.04.2023 )

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1 The Branch Manager

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M/s.Reliance General Insurance Co. Ltd. Sri Meenakshi Plaza,

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1st Floor Plot No.HIG 55,

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80 Feet Road , Annanagar Madurai.

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Velayutham (Died)

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2 Priya

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3 Minor. Pavithra

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

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1/3

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4 Minor. Vetri

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... Respondents 2 to 4/Respondents 3 to 5

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(Minor Respondents are Represented by Court Guardian Advocate Geetha as per the order passed in I.A. No.1209/2011, dated 15.02.2012, 3 to 5 respondents impleaded as per order in I.A. No.1134/2011 dated 15.02.2012 Amended as per order in I.A. No.418/2012 dated 04.06.2012 )

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Prayer in CMP(MD). No.6669 of 2024

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To pass an order to transfer the award amount with accrued interest deposited in the name of C.M.A(MD) No.248/2016 to the name of M.C.O.P No.97/2011 on the fille of I Additioanal District Judge, Madurai and consequently permit the petitioners to withdraw the amount of Rs.9,37,821 with interst till date, deposited in the name of C.M.A(MD) No.248/2016 and further reliefs as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.

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Prayer in CMA(MD) No.248 of 2016:

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Civil Miscellaneous Appeal filed under section 173 of the Motor Vehicles Act, against the fair and decretal order made in MCOP No.97 of 2011, dated 09.07.2015, on the file of the Motor Accidents Claims Tribunal (I Additioanal District Juge), Madurai.

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ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.Karthik, Advocate for the Petitioner and of Mr.S.Srinivasa Raghavan for the 1^st Respondent this Court made the following order:

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Satisfied with the reasons stated in the affidavit, this petition is allowed.

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2.The Fixed Deposit is deposited in the Indian Bank attached to the Madurai

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Bench of Madras High Court. The said Fixed Deposit shall be discharged and transferred to the credit of M.C.O.P., on the file of Lower Court. The claimant is

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

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2/3

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permitted to approach the Lower Court and the Lower Court is directed to entertain the petition of the claimant and order accordingly as per law.

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Sd/Assistant Registrar(CS III) // True Copy //

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/06/2024 Sub Assistant Registrar (CS – I/ II / III /IV)

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tmg TO

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The I Additioanal District Judge, Motor Accidents Claims Tribunal, Madurai. COPY TO: THE BRANCH MANAGER, INDIAN BANK, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. + 1 cc to Mr. M.Karthik, Advocate CA Sr.No.25085/2024

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ORDER DATED : 05/06/2024 ========================== ORDER ========================== CMP(MD). No.6669 of 2024 in CMA(MD) No.248 of 2016 Giving direction and etc. as stated within.

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MK/27.06.2024 3P 4C

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https://www.mhc.tn.gov.in/judis Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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Menaka @ Kuppammal v. the Branch Manager

Case brief

What is this about?

What did the court decide?

Menaka @ Kuppammal v. the Branch Manager

Case brief

What is this about?

What did the court decide?

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