Madras High CourtCMP(MD)/1154/2016ordered

K.Chandran v. The Branch Manager

2016-03-18Honourable Ms.Justice V.M.Velumani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighteenth day of March Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) Nos.1154 & 1155 of 2016 IN MP(MD)Nos.1 & 1 of 2015 IN CMA(MD) Nos.597 & 598 of 2015 K.CHANDRAN ... PETITIONER/1st RESPONDENT/1st RESPONDENT IN CMP(MD)No.1154/2016 IN CMA(MD)No.597/2015 NITHYA ... PETITIONER/1st RESPONDENT/1st RESPONDENT IN CMP(MD)No.1155/2016 IN CMA(MD)No.598/2015 Vs 1 THE BRANCH MANAGER THE ORIENTAL INSURANCE COMPANY LIMITED, SRI VIJAYA COMPLEX, 1024B, CUMBUM ROAD, BUS STAND OPPOSITE, THENI. 1st RESPONDENT/PETITIONER/APPELLANT IN BOTH THE PETITIONS 2 C.SUBRAMANI ... 2nd RESPONDENT/2nd RESPONDENT/2nd RESPONDENT IN BOTH THE PETITIONS Prayer in IN CMP(MD)No.1154/2016 IN CMA(MD)No.

597/2015 :- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the order dated 15.06.2015 made in MP.(MD).No.1/2015 in CMA.(MD). No.597/2015 thereby correcting the court details as Motor Accident Claims Tribunal / Subordinate Court, Uthamapalayam form Motor Accidets Claims Tribunal / Subordinate Court, Theni. Prayer in IN CMP(MD)No.1155/2016 IN CMA(MD)No.598/2015 :- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the order dated 15.06.2015 made in MP.(MD).No.1/2015 in CMA.(MD). No.

Claims Tribunal / Subordinate Court, Uthamapalayam form Motor Accidets Claims Tribunal / Subordinate Court, Theni. Prayer in MP(MD)No.1 of 2015 in CMA(MD)No.597 of 2015: Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Grant STAY for all further proceedings in pursuance of the Judgment and Decree in MCOP No.74 of 2013 dated 18.12.2014 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Theni pending disposal of the CMA(MD)No.597 of 2015.

Prayer in MP(MD)No.1 of 2015 in CMA(MD)No.598 of 2015: Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Grant STAY for all further proceedings in pursuance of the Judgment and Decree in MCOP No.72 of 2013 dated 18.12.2014 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Theni pending disposal of the CMA(MD)No.598 of 2015.

ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S. G.VANJINATHAN, Advocate for the petitioner in both the petitions and of M/S.ISREAL K.MANI,Advocate on behalf of the first Respondent in both the petitions the court made the following order:- These petitions have been filed to modify the Trial Court name in the order dated 15.06.2015, made in M.P.(MD) Nos.1 & 1 of 2015 in C.M.A.(MD) Nos.597 & 598 of 2015.

2. The learned counsel for the petitioner submitted that by mistake, the Trial Court name was wrongly typed in the petitions as Motor Accident Claims Tribunal\Subordinate Court, Theni, instead of Motor Accidents Claims Tribunal\Subordinate Court, Uthamapalayam, which is an advertent error and the same can be rectified.

3. I have gone through the Judgment. There is a typographical error as pointed out by the learned counsel for the petitioner. Hence, the petitions are ordered and the Registry is directed to issue fresh order copy after making necessary corrections in the order dated 15.06.2015, made in M.P.(MD) Nos.1 & 1 of 2015 in C.M.A. (MD) Nos.597 & 598 of 2015.

(*) As per the above said direction of this Court , the order in MP(MD)Nos. 1 & 1 of 2015 in CMA(MD)Nos. 597 & 598 of 2015 reads as follows:- There shall be an order of interim stay on condition that the appellant deposits the entire award amount with proportionate interest and costs, to the credit of MCOP.Nos.74 & 72 of 2013 on the file of the (*)Motor Accidents Claims Tribunal/Subordinate Court, Uthamapalayam within a period of 8 weeks from the date of receipt of a copy of this order, failing which, the stay granted shall stand vacated automatically.

2.On such deposit being made, the claimant is permitted to withdraw 50% of the amount deposited with proportionate interest. The Tribunal shall deposit the balance 50% amount in a Fixed Deposit in any one of the Nationalised Banks which shall be renewed periodically till the disposal of the appeal. The Claimant is also permitted to withdraw the interest accrued on the 50% amount once in three months, directly from the bank .

3. Issue Notice to the respondents.

sd/- 18/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PRINCIPAL SUBORDINATE COURT, UTHAMAPALAYAM.

+2. C.C. to M/S. G.VANJINATHAN Advocate SR.No.15617&15618 smn2/trp CSL/NGM-SS/AR-I/23.03.2016/4p/4c

ORDER

IN CMP(MD) No.1154 &1155 of 2016 IN MP(MD)Nos.1 & 1 of 2015 IN CMA(MD) No.597& 598 of 2015 Date :18/03/2016