The Oriental Ins.Com.Ltd., v. Sellammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the First day of September Two Thousand Twenty PRESENT THE HON`BLE MR JUSTICE R.MAHADEVAN CMP.No.19630 of 2017 IN CMA.No.3193 of 2017 THE ORIENTAL INSURANCE COMPANY LTD., [ PETITIONER ] HAVING OFFICE AT 1ST FLOOR, GOPAL RAO LIBRARY BUILDING, TOWN HALL ROAD, KUMBAKONAM - 612 001.

VS 1 SELLAMMAL [ RESPONDENTS ] 2 KOKILA 3 MINOR BOOPATHI 4 MINOR NANDAKUMAR (RESPONDENTS 3 AND 4 MINORS REPRESENTED BY THEIR GUARDIAN AND MOTHER,1ST RESPONDENT SELLAMMAL) 5 CHINNAMMAL 6 MEENAKSHISUNDARAM 7 SUNDARALAKSHMI FUEL SERVICE LTD., SFMP/106/3,SITHAR KOVIL MAIN ROAD, SIVATHAPURAM POST, SALEM - 636 307.

8 ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED,HAVING OFFICE AT 8/111 MANGALAM BUILDING,4 ROADS, SALEM - 636 009.

(6TH TO 8TH RESPONDENTS HEREIN ARE NOT NECESSARY PATIES TO THIS PETITION. HENCE,R-6 TO R8 ARE HEREBY GIVEN UP IN THIS PETITION. HENCE, NOTICE TO R-6 TO R-8 IS NOT NECESSARY IN THIS PETITION) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay all further proceedings pursuant to the decree and judgment https://hcservices.ecourts.gov.in/hcservices/

dated 22nd day of September 2016, made in M.C.O.P.No.1315 of 2013 on the file of Motor Accident claims Tribunal (Special District Court), Salem, (IN CMP.No.19630 of 2017) pending disposal of the above appeal (CMA.No.3193 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.MA.PA.THANGAVEL, Advocate for the first to sixth respondents and of MS.RATNA THARA, Advocate on behalf of the eighth respondent and the petitioner not appearing either in person or by an Advocate, the court made the following order:- This Court, by order dated 20.11.2017, granted an order of interim stay on condition to deposit the entire award amount 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 respondents 1 to 6, on instructions, submitted that the conditional order dated 20.11.2017 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/- 01/09/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

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

C.C. to MR.S.MANOHAR Advocate on payment of necessary charges Order in CMP.No.19630 of 2017 IN CMA.No.3193 of 2017 Date :01/09/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format UM(14/09/2020) https://hcservices.ecourts.gov.in/hcservices/