Managing Director v. S.Priyadharshini
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Tuesday, the Twenty Sixth day of March Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE M.M.SUNDRESH AND THE HON`BLE MR JUSTICE C. SARAVANAN CMP No.7129 of 2019 IN CMA.NO.1997 OF 2019 1 MANAGING DIRECTOR [ PETITIONER ] KSRTC CENTRAL OFFICER, (TUMKUR DIVISION), K. H.ROAD, BANGALORE-560027 Vs 1 S.PRIYADHARSHINI [ RESPONDENTS ] W/O.LATE SHANTHAKUMAR, 1 TO 4 RES AT NEW NO.
478/4C, MUTHANNAMPALAYAM, TIRUPUR-641606 2 MINOR.YOGESH, S/O.LATE SHAN THAKUMAR, MINOR REPRESENTED BY THEIR GUARDIAN MOTHER S.PRIYADHARSHINI, RES AT NEW NO.478/4C, MUTHANNAMPALAYAM, TIRUPUR-641606 3 SAVITHRI W/O.PALANISAMY RES AT NEW NO.478/4C, MUTHANNAMPALAYAM, TIRUPUR-641606 4 PALANISAMY, S/O.PONNUSAMY RES AT NEW NO.478/4C, MUTHANNAMPALAYAM, TIRUPUR-641606 5 D.ANILKUMAR S/O.DASARATHAPP A,, 298, NEAR MASJID DOMMASANDRA, SARJAPURA ROAD, BANGALORE - 562125 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay all further proceedings pursuant to the decree and judgement passed by the Presiding Officer/I Additional District Judge, Tiruppur, in O.P.No.99/2013 dated 03.01.2018 (IN CMP No.7129 of 2019) pending disposal of the above IN CMA.NO.1997 OF 2019.
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.THIYAGARAJAN, Advocate for the petitioner and of MR.MA.P.THANGAVEL, ADVOCATE on behalf of the 1 TO 5 Respondents the court made the following order:- (Order of the Court was made by M.M.SUNDRESH, J.) Mr.MA.P.Thangavel, learned counsel takes notice for the claimants/respondents 1 to 5.
2.There shall be an order of interim stay on condition that the petitioner/Transport Corporation deposits the entire amount of compensation awarded by the Tribunal along with proportionate interest to the credit of M.C.O.P.No.99 of 2013 on the file of the Motor Accidents Claims Tribunal (I Additional District Judge), Tiruppur, within a period of six weeks from the date of receipt of a copy of this order.
3.On such deposit, respondents 1, 3 and 4 are permitted to withdraw 50% of their respective shares along with accrued interest. Insofar as the share of the minor second claimant is concerned, the Tribunal is directed to deposit the same in any one of the Nationalised Banks under reinvestment scheme till he attains majority. The first respondent is permitted to withdraw the interest accrued on the minor's deposit once in three months directly from the bank. This miscellaneous petition is disposed of accordingly.
-sd/- 26/03/2019 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE PRESIDING OFFICER 1ST ADDITIONAL DISTRICT JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL TIRUPPUR.
2 THE SECTION OFFICER, VR SECTION, HIGH COURT, MADRAS-104.
C.C. to M/S.T.THIYAGARAJAN Advocate SR.NO.4374 Order in CMP No.7129 of 2019 IN CMA.NO.1997 OF 2019 Date :26/03/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (02/04/2019)