The State Express Transport Corporation Tamil Nadu Limited v. Gangeswari Thankachy (Died), 1.Padmaja

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Third day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CMA(MD) No.701 of 2023 THE STATE EXPRESS TRANSPORT CORPORATION TAMIL NADU LIMITED, CHENNAI, REPRESENTED BY ITS MANAGING DIRECTOR.

... PETITIONER/APPELLANT Vs GANGESWARI THANKACHY (DIED) 1.PADMAJA 2 ANAND (2ND RESPONDENT IS DECLARED AS MAJOR VIDE ORDER DATED 30.10.2019 IN I.A.NO.3 OF 2019) 3 SHYLAJA KUMARI 4 LEKSHMI GANGA (THE 4TH RESPONDENT IS MINOR REPRESENTED BY HER NEXT FRIEND MOTHER 3RD RESPONDENT) 5 SIVASANKAR (THE 5TH RESPONDENT IS DRIVER OF APPELLANT AND THAT GIVEN UP) 1/3

6 MUTHUSWAMY ... 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 in pursuant to award and decree made in M.C.O.P.No.57 of 2016 dated 29-07-2022 on the file of the Motor Accident Claims Tribunal / Sub Court, Kuzhithurai pending disposal of the above civil miscellaneous appeal. Prayer in CMA(MD) No.701 of 2023 :

To allow this appeal, set aside the award and decree made in M.C.O.P.No.57 of 2016 dated 29.07.2022 on the file of the Motor Acident Claims Tribunal / Sub Court, Kuzhithurai.

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.P.PRABHAKARAN, Advocate for the petitioner, while admitting the Civil Miscellaneous Appeal, the court made the following order:- Stay is granted on condition that the appellant/Petitioner shall deposit the admitted liability of Rs.23,00,000/- (Rupees Twenty Three Lakhs) with proportionate accrued interest and costs to the credit of M.C.O.P.No.57 of 2016, on the file of the Motor Accidents Claims Tribunal/Sub Court, Kuzhithurai, within a period of eight weeks from the date of receipt of a copy of this order, failing which, the stay granted shall stand automatically vacated without further reference to this Court. sd/- 03/08/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL / SUB COURT, KUZHITHURAI.

+1 CC to M/s.P.PRABHAKARAN, Advocate ( SR-11762[I] dated 03/08/2023 )

ORDER

IN in CMA(MD) No.701 of 2023 Date :03/08/2023 RS/VRS/SAR-(10.10.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3