Madras High CourtCMP(MD)/204/2016allowed

Medical Officer, v. Ganesan,

2016-01-12Honourable Mr Justice T.Mathivanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twelfth day of January Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice T.MATHIVANAN CMP(MD) No.204 of 2016 IN CMA(MD) No.1243 of 2015 1 MEDICAL OFFICER, GOVERNMENT HOSPITAL, SANKARANKOVIL.

2 STATE THROUGH THE DISTRICT COLLECTOR, TIRUNELVELI DISTRICT.

..PETITIONERS/PETITIONERS/ APPELLANTS Vs.

1 GANESAN, 2 MURUGESWARI 3 PONNUCHAMY ..RESPONDENTS/RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to extend further time to grant stay for a period of 8 weeks made in M.P.(MD)No.2 of 2015 in CMA(MD)No.1243 of 2015 dated 30.10.2015 in respect of MCOP No.13 of 2011 on the file of the Motor Vehicle Accidents Claims Tribunal, Sub Court, Sankarankoil.

Prayer in MP(MD). 2/ 2015 in CMA(MD).1243/2015 : To STAY the operation of the award and decree passed in MCOP No.13 of 2011 on the file of MACT, Sankarankoil (Sub Court, Sankarankoil, Tirunelveli District) pending disposal of the CMA(MD)No.1243 of 2015 in the interest of justice.

Prayer in CMA(MD). 1243/ 2015 :

To set aside the decree and judgment dated 28.02.2014 and made in MCOP No.13 of 2011 on the file of the Motor Vehicle Accidents Claims Tribunal, Sub Court, Sankarankoil.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.ANANDHARAJ, Government Advocate for the petitioners, the court made the following order:- When the appeal came up for admission on 30.10.2015, this Court has granted an order of Interim Stay on condition that the appellant shall deposit the entire award amount including the accrued interest and cost to the credit of the claim petition in M.C.O.P.No.13 of 2011 on the file of the Motor Accident Claims Tribunal /Sub Court, Sankarankoil within a period of six weeks from the date of receipt of copy of the said order. https://hcservices.ecourts.gov.in/hcservices/

2. Now the appellant has filed this petition for extension of further time to deposit the award amount within a period of six weeks from today.

3. Heard Mr.R.Anandharaj, learned Government Advocate appearing for the appellant and perused the averments made in the grounds of petition.

4. Having been satisfied with the reasons stated in the affidavit, filed in support of the petition, this Civil Miscellaneous Petition is allowed and the appellant is granted six weeks time from today to deposit the entire award amount with accrued interest and cost to the credit of the claim petition in M.C.O.P.No.13 of 2011 on the file of the Motor Accident Claims Tribunal /Sub Court, Sankarankoil. The order in respect of other aspects remains intact.

sd/- 12/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL (SUBORDINATE JUDGE), SANKARANKOVIL. +1cc to the Special Government Pleader, in SR.2116 ORDER IN CMP(MD) No.204 of 2016 IN CMA(MD) No.1243 of 2015 Date :12/01/2016 PBK/GSV-AN/SAR-II 19/01/2016 ::2P-3C:: (IT) https://hcservices.ecourts.gov.in/hcservices/