← Library
Madras High CourtCMP/20283/2022stay made absolute

The Branch Manager v. Velu

2023-03-01Honourable Mr Justice R. Subramanian,Honourable Mrs Justice K. Govindarajan Thilakavadi2 pages

C.M.P.No.20283 of 2022 in C.M.A.No.2600 of 2022 R.SUBRAMANIAN, J.

and K.GOVINDARAJAN THILAKAVADI, J.

While granting an interim stay, on condition, requiring the Insurance Company to deposit 50% of the award amount, the Division Bench has directed the said amount to be kept in fixed deposit in Indian Bank, High Court Branch to the credit of the above Civil Miscellaneous Appeal. 2.Mrs.C.Bhuvanasundari, learned counsel appearing for the appellant would submit that the appellant has deposited nearly Rs.30,00,000/-, including interest.

3.Considering the nature of the injuries as well as the evidence that was placed before the Tribunal, we are of the considered opinion that the respondent / claimant should be allowed to withdraw a sum of Rs.15,00,000/- for immediate relief. The amount remaining after paying Rs.15,00,000/- is directed to be kept in fixed deposit in the Indian Bank, High Court Branch as directed by the Division Bench, which shall be subject to the directions to be issued at the time of disposal of the appeal. https://www.mhc.tn.gov.in/judis

R.SUBRAMANIAN, J.

and K.GOVINDARAJAN THILAKAVADI, J.

4.This stay petition is disposed of making the stay absolute, subject to the permission granted to the respondent to withdraw a sum of Rs.15,00,000/-. The Tribunal shall pay out a sum of Rs.15,00,000/- to the respondent upon his filing of an appropriate application without causing any delay in considering the said application.

5.Registry is directed to post the appeal for final hearing on 29.03.2023.

(R.S.M., J.) (K.G.T., J.) 01.03.2023 kkn C.M.P.No.20283 of 2022 in C.M.A.No.2600 of 2022 https://www.mhc.tn.gov.in/judis