The Divisional Manager, v. P.Jagajothi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the Fourth day of August Two Thousand Twenty PRESENT THE HON`BLE MR JUSTICE R.MAHADEVAN CMP.No.16845 of 2017 IN CMA.No.2879 of 2017 THE DIVISIONAL MANAGER, [ PETITIONER ] M/S.NATIONAL INSURANCE COMPANY LIMITED, NO.110,J.N.STREET, PUDUCHERI - 605 001.

VS 1 MRS.P.JAGAJOTHI [ RESPONDENTS ] 2 MINOR.ANANDHI REP.BY HER MOTHER, GUARDIAN AND NEXT FRIEND MRS.P.JAGAJOTHI.

3 MINOR.AARTHI REP.BY HER MOTHER, GUARDIAN AND NEXT FRIEND MRS.P.JAGAJOTHI.

4 MINOR.ASHA REP.BY HER MOTHER, GUARDIAN AND NEXT FRIEND MRS.P.JAGAJOTHI.

5 MINOR.BALA REP.BY HIS MOTHER, GUARDIAN AND NEXT FRIEND MRS.P.JAGAJOTHI.

6 MRS.POOVAI 7 MANAGING TRUSTEE, UNIVERSAL EDUCATION ACADEMY, COTTIGESE POST, VENARGATTA MAIN ROAD, BANGALORE - 560 083, KARNATAKA STATE.

R7 GIVEN UP VIDEORDER OF COURT DATED 04/08/2020 MADE IN CMA.No.2879/17(RMDJ)

8 T.THIRUNAVUKKARASU 9 THE DIVISIONAL MANAGER, M/S.UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, NO.13-A,NETHAJI ROAD, CUDDALORE - 607 001.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant interim stay of all further proceedings pursuant to the decree and Judgment dated 15th March, 2017, passed in M.C.O.P.No.580 of 2011, on the file of the Hon'ble Motor Accidents Claims Tribunal (Principal District Judge) at Cuddalore, (IN CMP.No.16845 of 2017) pending disposal of the above Civil Miscellaneous Appeal (CMA.No.2879 of 2017).

Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.J.MICHAEL VISUVASAM, Advocate for the petitioner and of MR.VISWANATH RAO, Advocate for the first to sixth respondents and of MR.J.CHANDRAN, Advocate on behalf of the ninth respondent and the eighth respondent not appearing either in person or by an Advocate, the court made the following order:- This Court, by order dated 22.09.2017, granted an order of interim stay on condition to deposit 50% of the award amount with proportionate interest and costs by the appellant / insurance company, within a period of four weeks.

2. Today, when the case is taken up for hearing, the learned counsel for the appellant insurance company, on instructions, submitted that the conditional order dated 22.09.2017 has been duly complied with by the appellant.

3.In view of the above, interim order already granted is made absolute and this Civil Miscellaneous Petition is ordered accordingly.

-sd/- 04/08/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, CUDDALORE.

C.C. to MR.J.MICHAEL VISUVASAM Advocate on payment of necessary charges Order in CMP.No.16845 of 2017 IN CMA.No.2879 of 2017 Date :04/08/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format UM(15/09/2020)