Madras High CourtCMP(MD)/4545/2022allowed

M/S. United India Insurance Company Limited v. Minor Kavya

2022-06-10Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.4545 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Tenth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.4545 of 2022 in CMA(MD)No.513 of 2022 M/S.UNITED INDIA INSURANCE COMPANY LIMITED, REPRESENTED BY ITS REGIONAL MANAGER, KANDASAMY SHOPPING COMPLEX, CHITRAKOTTAM, NO.144B, KALPANA ROAD, UDUMALAIPETTAI. ... PETITIONER/APPELLANT Vs

1. MINOR.KAVYA (MINOR IS REPRESENTED BY HER NEXT FRIEND AND NATURAL GUARDIAN / MOTHER UMA MAHESWARI).

2. CHANDRAN (2ND RESPONDENT IS NOT A NECESSARY PARTY FOR ADJUDICATION, NOTICE DISPENSED WITH) ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant interim stay of all further proceedings pursuant to the Judgment and Decree dated 07.09.2021 made in M.C.O.P. No. 231 of 2019 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Karur pending disposal of the appeal. Prayer in CMA(MD).513/2022 :

Civil Miscellaneous Petition filed under section 173 of Motor Vehicles Act to set aside the Judgment and decree made in M.C.O.P. No. 231 of 2019 dated 07.09.2021 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Karur and allow the appeal with costs.

ORDER : This 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.J.S. MURALI, Advocate for the petitioner, while admitting the CMA., the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.4545 of 2022 There shall be an order of Stay on condition that the petitioner/appellant shall deposit 50 % of the award amount with proportionate interests and costs, awarded in M.C.O.P.No.231 of 2019, on the file of the Motor Accident Claims Tribunal - Chief Judicial Magistrate, Karur, on or before 15.07.2022, to the credit of M.C.O.P.No.231 of 2019, on the file of the Motor Accident Claims Tribunal - Chief Judicial Magistrate, Karur, failing which, interim stay granted shall stand automatically vacated.

2. This Petition is allowed accordingly.

sd/- 10/06/2022 / TRUE COPY / 13/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL, KARUR.

+1 CC to M/s.J.S.MURALI, Advocate ( SR-5345[I] dated 10/06/2022 ) ORDER IN CMP(MD) No.4545 of 2022 in CMA(MD)No.513 of 2022 Date :10/06/2022 ls USK/PN/SAR-I/13.06.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2