M/S.United India Insurance Co. v. Muthumari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eleventh day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice K.RAVICHANDRABAABU and The Hon`ble Mrs.Justice T.KRISHNAVALLI CMP(MD) No.3338 of 2018 IN CMA(MD) No.218 of 2018 M/S.UNITED INDIA INSURANCE COMPANY LIMITED, GOBICHETTIPALAYAM. ... PETITIONER/APPELLANT Vs 1 MUTHUMARI 2 SAKTHIVEL 3 MANI 4 SRI BANNARIAMMAN TRANSPORT RANGASAMUDRAM POST, SATHYAMANGALAM, COIMBATORE DISTRICT.

5 IFFCO TOKIO GENERAL INSURANCE CO. LTD., TRIVANDRAM ROAD, PALAYAMKOTTAI, TIRUNELVELI ... RESPONDENTS/RESPONDENTS (RESPONDENT NOS.3 TO 5 GIVEN UP) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to stay the operation of judgment and decree dated 24.10.2017 in M.C.O.P.No.49 of 2017 on the file of the Motor Accident Claims Tribunal cum Additional District Judge, Tenkasi till the disposal of the appeal ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.C.JAWAHAR RAVINDRAN, Advocate for the petitioner and MR.RJ.KARTHICK, Advocate for the respondent, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

[Order of the Court was delivered by K.RAVICHANDRABAABU.,J ] It is represented by the learned counsel appearing for the appellant that the conditional order passed on 12.04.2018 has been complied with. The said statement is not disputed by the learned counsel appearing for the respondents 1 and 2/claimants. Hence, the stay granted is made absolute subject to the following term:- The respondents 1 and 2/claimants shall withdraw 50% of the amount deposited by the appellant by making appropriate application before the Tribunal below in accordance with the proportion of their share as awarded by the Tribunal with accrued interest.

2.Post the appeal for final disposal in the second week of November 2018 sd/- 11/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL CUM ADDITIONAL DISTRICT JUDGE, TENKASI.

+1. C.C. to M/S.R.J.KARTHICK, Advocate SR.No.10053

ORDER

IN CMP(MD) No.3338 of 2018 IN CMA(MD) No.218 of 2018 Date :11/06/2018 SMA/CM-VR/VK/13.06.2018:2P/3C https://hcservices.ecourts.gov.in/hcservices/