The Madurai Bench permitted the petitioner to withdraw 50% of the amount deposited in the Motor Accident Claims Tribunal, Lalgudi, allowing the main appeal for final disposal. The prayer for full withdrawal was restricted.
Permitted withdrawal of 50% of the deposited amount; main appeal listed for final disposal.
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CMP(MD) No.719 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Fifteenth day of April Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice G.ILANGOVAN
CMP(MD) No.719 of 2024 in CMA(MD)No.912 of 2022
A.RAJA ... PETITIONER/1st RESPONDENT
Vs
1 THE MANAGING DIRECTOR UNITED INDIA INSURANCE COMPANY LTD., NO.4A, FLOOR.NO.1, BIG BAZAAR STREET, DHARAPURAM, ERODE DISTRICT-638 656 ... 1
... 1st RESPONDENT/APPELLANT
2 K.K.KUPPUSAMY ... 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 permit the petitioner to withdraw the entire amount deposited by the respondent into the credit of M.C.O.P.No. 34 of 2018 before the Motor Accident Claims Tribunal / Sub Court, Lalgudi pending disposal of the above CMA(MD) No.912 of 2022.
Prayer in CMA(MD). 912/ 2022 :
Civil Miscellaneous Petition filed under Section 173 of Motor Vehicle Act to set aside the order passed by the learned Motor Accidents Claims Tribunal / Sub Court, Lalgudi in M.C.O.P.No.34 of 2018 dated 08-07-2021 as against the appellant and allow the appeal.
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CMP(MD) No.719 of 2024
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 Mr.T.LENINKUMAR, Advocate for the petitioner and Mr.N.DILIPKUMAR, Advocate for the 1st respondent, the Court made the following order:-
This petition has been filed to permit the petitioner to withdraw the entire amount deposited by the respondent into the credit of M.C.O.P.No. 34 of 2018, before the Motor Accident Claims Tribunal / Sub Court, Lalgudi, pending disposal of the above C.M.A.(MD)No.912 of 2022.
2.Considering the facts and circumstances of the case, the petitioner is permitted to withdraw 50% of the deposited amount. Accordingly, this petition is allowed.
3.List the main appeal for final disposal on 29.04.2024.
sd/15/04/2024
/ TRUE COPY /
/04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TM
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CMP(MD) No.719 of 2024
TO
THE SUBORDINATE JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, LALGUDI.
ORDER IN CMP(MD) No.719 of 2024 in CMA(MD)No.912 of 2022 Date :15/04/2024
SS/JGB/SAR- /18/04/2024/3P/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 petitioner is permitted to withdraw a partial amount deposited in the Motor Accident Claims Tribunal pending the disposal of the main appeal.
A.RAJA
THE MANAGING DIRECTOR UNITED INDIA INSURANCE COMPANY LTD.
K.K.KUPPUSAMY
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
