The Managing Director v. A.Mesmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifteenth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI IN CMA(MD) No.851 of 2023 THE MANAGING DIRECTOR TAMILNADU STATE TRANSPORT CORPORATION LTD., BYEPASS ROAD, MADURAI.

... PETITIONER/APPELLANT Vs 1 MESMI 2 MINOR.A.IMANRAJ (MINOR RESPONDENT 2 REPRESENTED BY HIS MOTHER/ GUARDIAN) ... RESPONDENTS/RESPONDENTS Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to stay all further proceedings of the order dated 03.12.2021 which made in M.C.O.P.No.106 of 2020 on the file of the Additional District Court Motor Accident Claims Tribunal, Ramanathapuram pending disposal of the main Civil Miscellaneous appeal. Prayer in CMA(MD). 851/ 2023 :

Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act to prefer this Memorandum of Civil Miscellaneous Appeal against the award dated 03.12.2021 which made in M.C.O.P.No.106 of 2020 on the file of the Additional District Court Motor Accident Claims Tribunal, Ramanathapuram for the following among other grounds.

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ORDER : This Civil Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.A.THIRUMALAIAPPAN, Advocate for the petitioner, While admitting Civil Miscellaneous Appeal, the court made the following order:- Heard and perused the records.

2. Considering the facts and circumstances, there shall be an order of interim stay on condition that the appellant / Transport Corporation shall deposit 50% of the award amount together with proportionate interest and costs, to the credit of MCOP No.106 of 2020 on the file of the Motor Accidents Claims Tribunal / Additional District Court, Ramanathapuram within a period of six weeks from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically without any further reference to this Court. sd/- 15/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO THE ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, RAMANATHAPURAM.

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COPY TO:

THE SECTION OFFICER V.R.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.(CALL FOR RECORDS) +1 CC to M/s.K.A.THIRUMALAIAPPAN, Advocate ( SR-13747[I] dated 15/09/2023 )

ORDER

IN IN CMA(MD) No.851 of 2023 Date :15/09/2023 SA/DD/SAR. /26.09.2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3