Madras High Court
National Insurance Company ... vs P.Murugalakshmi on 2 September, 2021
C.M.A.(MD)No.1554 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.09.2021
CORAM:
THE HONOURABLE MRS.JUSTICE R.THARANI
C.M.A.(MD)No.1554 of 2011
and
M.P.(MD)No.2 of 2011
National Insurance Company Limited,
Kovilpatti. ... Appellant
Vs.
1.P.Murugalakshmi
2.Minor Ramachandran
3.Minor Lakshmanan
4.Minor Sivasubramani
5.Sundarachi
(Minors 2 to 4 are represented through
their mother and next friend Murugalakshmi,
the 1st respondent herein)
6.Saravanakumar ... Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and award made in
M.C.O.P.No. 1520 of 2007, dated 20.09.2010, on the file of the Motor
Accidents Claims Tribunal, Principal District Court, Tirunelveli.
1/4
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C.M.A.(MD)No.1554 of 2011
For Appellant : Mr.D.Sivaraman
For R1 : Mr.S.Sathya Chidambaram
JUDGMENT
The learned counsel for the appellant seeks permission of this Court
to withdraw this Civil Miscellaneous Appeal and he has also circulated a letter,
dated 27.08.2021, to the Registry to that effect. Permission granted.
2. In view of the above, this Civil Miscellaneous Appeal is dismissed
as withdrawn.
3.However, the appellant / Insurance Company is directed to deposit
Rs.6,47,000/- along with interest from the date of petition till the date of
deposit and cost within a period of eight weeks from the date of receipt of a
copy of this judgment. On such deposit, the major claimants / first and fifth
respondents herein are permitted to withdraw their respective shares with
proportionate interest as per ratio fixed by the Tribunal, after deducting any
amount received by them earlier. The Tribunal is directed to deposit the share of
the minor claimants / respondents 2 to 4 herein in any one of the Nationalised
Banks, in a Fixed Deposit scheme, till they attain majority. The first respondent,
who is the mother and guardian of the minor claimants, is permitted to
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C.M.A.(MD)No.1554 of 2011
withdraw the accrued interest once in three months directly from the bank, only
for the welfare of minors. The Claimants are not entitled for interest for the
default period, if there is any default. No costs. Consequently, connected
Miscellaneous Petition is closed.
02.09.2021
Index : Yes / No
Internet : Yes / No
Ls
Note : In view of the present lock down owing to COVID-19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy, shall be the responsibility
of the advocate/litigant concerned.
To
1.The Motor Accidents Claims Tribunal,
Principal District Court,
Tirunelveli.
2. The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD)No.1554 of 2011
R.THARANI.,J.
Ls
C.M.A.(MD)No.1554 of 2011
02.09.2021
https://www.mhc.tn.gov.in/judis/
