Madras High CourtCMP/1986/2017stay made absolute

The National Insurance v. Thiruppathi

2020-08-07Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Friday, the Seventh day of August Two Thousand Twenty PRESENT The Hon`ble Mr Justice R.MAHADEVAN CMP No.1986 of 2017 IN CMA.NO.279 OF 2017 THE NATIONAL INSURANCE CO LTD., [ PETITIONER ] SALEM-636 007.

Vs 1 THIRUPPATHI [ RESPONDENTS ] 2 MINOR MANIKANDAN S/O.THIRUPPATHI.

(MINORS 2 TO 4 ARE GUARDIAN FATHER THIRUPPATHI) 3 MINOR AJITHKUMAR S/O.THIRUPPATHI 4 MINOR SWATHI S/O.THIRUPPATHI 5 RAJAMANI W/O.NATARAJAN Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the operation of the award passed in MCOP No.1173 of 2011 dated 24.06.2016 on the file of the Learned Motor Accident Claims Tribunal (Special District Judge) at Salem District (in CMP.No.1986/2017) pending disposal of the above Civil Miscellaneous Appeal 279/2017.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.J.CHANDRAN, Advocate for the petitioner and of MR.SP.YUARAJ Advocate for the 1 to 4 respondents the court https://hcservices.ecourts.gov.in/hcservices/

made the following order:-

O R D E R

In this miscellaneous petition, this Court by order dated 09.02.2017, granted an order of interim stay on condition to deposit entire award amount along with proportionate accrued interest and costs by the petitioner / insurance company, within a period of four weeks.

2.Today, when the case was taken up for hearing, the learned counsel for the petitioner / insurance company submitted that the petitioner/ insurance company has complied with the aforesaid conditional order.

3.In view of the above, interim order already granted is made absolute and this Miscellaneous Petition is ordered accordingly. -sd/- 07/08/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

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

C.C. to M/S. J.CHANDRAN Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in CMP.1986/2017 in CMA.NO.279/2017 Date :07/08/2020 From 26.2.2001 the Registry is issuing certifie copies of the Interim Orders in this format SDR 26/08/2020 https://hcservices.ecourts.gov.in/hcservices/