Hdfc Ergo General Insurance Co Ltd v. R.Natarajan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Wednesday, the Twentieth day of February Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE M.M.SUNDRESH AND THE HON`BLE MR JUSTICE C. SARAVANAN CMP NO.4163 OF 2019 in CMA.NO.1481/2019 1 HDFC ERGO GENERAL INSURANCE [ PETITIONER ] CO LTD, FORMERLY KNOWN AS L AND T GENERAL INSURANCE CO LTD, L AND T HOUSE, MUMBAI 400 001 [CAUSES TITLE ACCEPTED VIDE COURT ORDER DATED 29.1.2019 MADE IN CMP.1916 OF 2019 IN CMA.SR.46639/2018] Vs 1 R.NATARAJAN [ RESPONDENTS ] 2 SKLS LORRY SERVICES, MIG 44 AUTO NAGRA, MUMBAI 400 001 [R.2 IS NOT A NECESSARY PARTY TO THIS CMP HENCE, R.2 IS GIVEN UP IN THIS CMP. HENCE, NOTICE TO R.2 IS NOT NECESSARY IN THIS CMP.]
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay all further proceeding pursuant the the award dated 17-102017 made in MCOP No.60 of 2014 on the file of Motor Accident Claims Tribunal (II Additional District Court) Poonamallee (CMP.4163/2019) pending disposal of the above CMA.1481/2019 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.S.MANOHAR, Advocate for the petitioner and of MS.N.GEETHA, Advocate (Caveator) for the 1st Respondent the court made the following order:- https://hcservices.ecourts.gov.
(Order of the Court was made by M.M.SUNDRESH, J.) Ms.N.Geetha, learned counsel takes notice for the first respondent/caveator.
2.There shall be an order of interim stay on condition that the petitioner/insurance company deposits the entire amount of compensation awarded by the Tribunal along with proportionate interest to the credit of M.C.O.P.No.60 of 2014 on the file of the Motor Accidents Claims Tribunal (II Additional District Judge), Poonamallee, within a period of six weeks from the date of receipt of a copy of this order.
3.On such deposit, the first respondent/claimant is permitted to withdraw 50% of the amount deposited along accrued interest. This Civil Miscellaneous Petition is disposed of accordingly. -sd/- 20/02/2019 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE 2ND ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, POONAMALLEE.
C.C. to M/S.S.MANOHAR Advocate Sr.No.2559 Order in CMP.4163/2019 in CMA.1481/2019 Date :20/02/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 01/03/2019 https://hcservices.ecourts.gov.in/hcservices/