CMP(MD) No.3254 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Civil Appellate Jurisdiction )

Friday, the Twenty Ninth day of April Two Thousand and Twenty Two

PRESENT

The Hon`ble Mr.Justice R.SUBRAMANIAN

and

The Hon`ble Mr.Justice N.SATHISH KUMAR

CMP(MD) No.3254 of 2022

in

CMA(MD)No.9 of 2022

SURYAGANDHI ... PETITIONER/1^st RESPONDENT

Vs

1 TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM LTD),

REP BY ITS MANAGING DIRECTOR NO. 27,

RAILWAY STATION ROAD

KUMBAKONAM, THANJAVUR DISTRICT.

...1^st RESPONDENT/APPELLANT

2 S.A. KRISHNASAMY

3 UNITED INDIA INSURANCE COMPANY LTD,

REP BY ITS MANAGER,

NO. 96-B, K.T.COMPLEX, NEW SCHEME ROAD

POLLACHI, COIMBATORE. ... RESPONDENTS 2&3/RESPONDENTS

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 50 percentage of the award

amoung with accrued interest and cost which was deposited by the 1^st

respondent and lying in the credit of MCOP No. 93 of 2019 on the

file of Motor Accident Claims Tribunal, Additional Sessions Judge,

Karur pending disposal of the above Civil Miscellaneous Appeal.

Prayer in CMA(MD). 9/ 2022 :

Pleased to set aside the impugned award passed in MCOP No.93

of 2019 on the file of the MACT (Additional Sessions Court), Karur

dated 19.10.2019 and pass any other order deem fit to the facts and

circumstances of the case.

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 M/S.P.SELVAKAMATCHI, Advocate for the

petitioner and of MR.P.M.VISHNUVARTHANAN, Advocate on behalf of the

1^st Respondent and of MR.D.SENTHIL, Advocate for the 2^nd Respondent

and of MR.C.JAWAHAR RAVINDRAN,Advocate for the 3^rd Respondent, the

court made the following order:-

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CMP(MD) No.3254 of 2022

The petitioner seeks permission to withdraw the 50% of the

award amount that is deposited to the credit of MCOP.No.93 of 2019

on the file of the Additional Sessions Judge, Motor Accident Claims

Tribunal, Karur.

2. Heard the learned counsel on either side.

3. The respondent Corporation has come up with the appeal

questioning the award of a sum of Rs.22,72,000/- (Rupees Twenty Two

Lakhs Seventy Two Thousand only) for the death of one Gunasekaran in

a road accident that occurred on 08.05.2016.

4. Pursuant to the interim order granted by this Court on

10.01.2022, the Corporation has deposited the entire compensation

with proportionate interest and costs.

5. Considering the quantum awarded, we permit the petitioner to

withdraw 50% of the compensation so deposited with proportionate

accrued interest and the entire costs. The remaining amount is

directed to be deposited in anyone of the nationalised bank in a

fixed deposit for a period of three years with auto renewal clause.

sd/-

29/04/2022

/ TRUE COPY /

/ /2022

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

THE ADDITIONAL SESSIONS JUDGE,

MOTOR ACCIDENT CLAIMS TRIBUNAL,

KARUR.

+1 CC to M/s.P.SELVAKAMATCHI, Advocate (SR-4125[I]dated 29/04/2022 )

ORDER

IN

CMP(MD) No.3254 of 2022

in

CMA(MD)No.9 of 2022

Date :29/04/2022

rm

PKP/JM/SAR-2/09.05.2022/2P/3C

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