The Branch Manager v. Smt.Vanitha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Friday, the Twenty Fifth day of June Two Thousand Twenty One PRESENT THE HON`BLE MS JUSTICE S.KANNAMMAL CMP No.26137 of 2019 IN CMA.4607/2019 1 THE BRANCH MANAGER [ PETITIONER ] UNITED INDIA INSURANCE COMPANY LTD, NEELA SOUTH VEEDHI, NAGAPATTINAM TOWN TALUK AND DISTRICT Vs 1 SMT.VANITHA [ RESPONDENTS ] 2 MINOR DEVI PRIYA D/O LATE MADHAVAN, NOW AGED ABOUT 16/2014 YEARS MELA ADHIDRAVIDAR STREET, VELUR THIRUTHURAIPOONDI TALUK, THIRUVARUR DISTRICT 3 MINOR SASIREKHA D/O LATE MADHAVAN, AGED ABOUT 14/2014 YEARS MELA ADHIDRAVIDAR STREET, VELUR THIRUTHURAIPOONDI TALUK, THIRUVARUR DISTRICT 4 MINOR PARAMESWARAN S/O LATE MADHAVAN, AGED ABOUT 11/2014 MELA ADHIDRAVIDAR STREET, VELUR THIRUTHURAIPOONDI TALUK, THIRUVARUR DISTRICT (MINOR RESPONDENTS 2 TO 4 ARE REP THROUGH THEIR MOTHER AND NATURAL GUARDIAN AND NEXT FRIEND SMT.VANITHA/ 1ST RESPONDENT HEREIN) 5 R.RENGASAMY 6 SAMUTHIRAM 7 RATHINAM
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of stay by staying the Award dated 06-06-2018 passed in MCOP NO.37/2014 on the file of the Honble Motor Accidents Tribunal (Subordinate Judge, Mannargudi)(CMP.26137/2019) pending disposal of the above Civil Miscellaneous Appeal CMA.4607/2019 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 M/S.I.MALAR, Advocate for the petitioner the court made the following order:- There shall be an order of Interim Stay on condition that the petitioner/appellant deposits 50% of the award amount with accrued interests and costs, to the credit of M.C.O.P.No.37 of 2014, on the file of the Motor Accident Claims Tribunal, (Subordinate Judge), Mannargudi, within a period of four weeks from the date of receipt of a copy of this order, failing which, interim stay granted shall stand automatically vacated, without any reference to this Court.
2.On such deposit being made, the Tribunal shall deposit the said amount to the credit of C.M.A.No.4607 of 2019 before the Indian Bank, High Court Branch, Chennai, in a Fixed Deposit, initially for a period of one year and renewable thereafter, till the disposal of the appeal, within a period of two weeks thereafter.
3.Issue notice to the respondents. Private notice is also permitted. Registry is directed to print the name of M/s.I.Malar, as learned counsel for the appellant and delete the name of M/s.C.Karthik.
-sd/- 25/06/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE SUBORDINATE JUDGE MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANNARGUDI THE MANAGER, INDIAN BANK, HIGH COURT BRANCH, CHENNAI.
Order in CMP.26137/2019 in CMA.4607/2019 Date :25/06/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format MJ 29/06/2021