The Divisional Manager v. C. Parvathy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eleventh day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI IN CMA(MD) No.720 of 2023 THE DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LTD, DOOR NO.5/1, AZAGU BAGAVATHI COLONY, KAILASAPURAM MIDDLE STREET, TIRUNELVLEI,TIRUNELVELI DISTRICT.

... PETITIONER/APPELLANT Vs 1 C. PARVATHY 2 MINOR.SEENIPRIYA, 3 MINOR. JEYAPRIYA, ... RESPONDENTS/RESPONDENTS (MINOR RESPONDENTS 2 & 3 ARE REP.BY THEIR MOTHER AND GUARDIAN 1st RESPONDENT. HENCE, NOTICE TO THE RESPONDENTS 2 AND 3 MAY BE DISPENSED WITH) 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 the operation of the Award and decreetal order dated 22.09.2022 made in MCOP No.217 of 2019 on the file of the Motor Vehicle Accident Claims Tribunal (Additional District Court) (Fast Track Court) Tenkasi, pending disposal of the above Civil 1/3

Miscellanerous Appeal and thus render justice. Prayer in CMA(MD). 720/ 2023 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to set aside the Judgment and Decree dated 22.09.2022 passed in MCOP No.217 of 2019 by Motor Accident Claims Tribunal (Additional District Court) (Fast Track Court) Tenkasi.

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.G.PRABHU RAJADURAI, Advocate for the petitioner and MR.J.C.RATHINAVEL PANDIAN, Advocate on behalf of the Respondent, While admitting the Civil Miscellaneous Appeal, the court made the following order:- Interim stay on condition that the appellant/Petitioner deposits 50% of the award amount with proportionate accrued interest and costs to the credit of M.C.O.P.No.217 of 2019, on the file of the Motor Vehicle Accident Claims Tribunal (Additional District Court) (Fast Track Court), Tenkasi, within a period of four weeks from the date of receipt of a copy of this order, failing which, interim stay granted shall stand automatically vacated without further reference to this Court. sd/- 11/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE ADDITIONAL DISTRICT JUDGE, FAST TRACK COURT, MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL, TENKASI.

ORDER

IN IN CMA(MD) No.720 of 2023 Date :11/08/2023 RS/VRS/SAR. /18.08.2023/3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3