Bharati Axa General Insurance v. Manjula,W/O.Late Murugesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the Fifteenth day of September Two Thousand Twenty PRESENT THE HON`BLE MR JUSTICE R. MAHADEVAN CMP Nos.1053, 1095 & 1981 of 2017 IN CMA.Nos.164, 165 & 276/2017 BHARATI AXA GENERAL INSURANCE [PETITIONER IN ALL THE PETITION] CO.LTD,IST FLOOR,FERNS ICON, SURVEY NO.28, THOTTANAKUNDI VILLAGE, K.R.PURAM,HOBLI, BANGALORE-37 Vs 1 MANJULA, [1 TO 3 RESPONDENT IN CMP No.1053/17 IN CMA.No.164/17] 2 THANGAMMAL, 3 MAHENDRAN, 1 MANJULA, [1 TO 4 RESPONDENT IN CMP No.1095/17 IN CMA.No.165/17] 2 MINOR SRISANTH S/O LATE MURUGESAN, REP BY HIS NEXT FRIEND AND HIS MOTHER MANJULA 1ST RESPONDENT 3 THANJAMMAL 4 MAHENDRAN 1 THANGAMMAL [1 TO 6 RESPONDENT IN CMP No.1981/17 IN CMA.No.276/17] 2 MUNIAMMAL 3 VIJAY 4 SOWMIYA 5 MANGAI 6 MAHENDRAN

Petitions praying that in these circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to i) To grant interim stay of all further proceedings pursuant to the Common Judgment and Decree dated 24/02/2016 made in MCOP.No.1982 of 2014 on the file of the Motor Accidents Claims Tribunal (Special District Judge), Dharmapuri, in (CMP No.1053/17 IN CMA.No.164/17)and;

ii) To grant interim stay of all further proceedings pursuant to the Common Judgment and Decree dated 24/02/2016 made in MCOP.No.1980 of 2014 on the file of the Motor Accidents Claims Tribunal (Special District Judge), Dharmapuri in (CMP No.1095/17 IN CMA.No.165/17)and;

iii)To grant interim stay of all further proceedings pursuant to the common judgment and decree dated 24/02/2016 made in MCOP NO. 1981/2014 on the file of the Motor Accident Claims Tribunal Special District Judge, Dharmapuri, in (CMP No.1981/17 IN CMA.No.276/17)respectively.

Order : These petitions coming on for orders upon perusing the petition and the respective affidavit filed in support thereof and upon hearing the arguments of M/S.SRINIVASAN RAMALINGAM, Advocate for the petitioner in all the petition and of M/S M.SELVAM for the Respondents in all the petitions and behalf the court made the following order:- This Court, by order dated 07.02.2017, granted an order of interim stay on condition to deposit 50% award amount by the appellant / insurance company, within a period of three weeks.

2. Today, when these matters were taken up for consideration, the learned counsel for the appellant insurance company, on instructions, submitted that the conditional order dated 07.02.2017 has been duly complied with by the appellant. 3.In view of the above, interim order already granted is made absolute and these Civil Miscellaneous Petitions are ordered accordingly.

-sd/- 15/09/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE SPECIAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARMAPURI.

C.C. to M/S.SRINIVASAN RAMALINGAM Advocate C.C. to M/S.M.SELVAM Advocate on Order in CMP Nos.1053, 1095 & 1981 of 2017 in CMA.Nos.164, 165 & 276/2017 Date :15/09/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format ADD 20.02.2017 RRI 25/09/2020 (P)