Madras High CourtCMA(MD)/187/2019partly allowed

The Managing Director v. Chandra

2021-12-21Honourable Mrs Justice S.Ananthi (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twelfth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CMA(MD) No.187 of 2019 and CMP(MD) No.2483 of 2019 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION, NEW RAILWAY STATION ROAD, KUMBAKONAM. ... APPELLANT/1st RESPONDENT Vs 1 CHANDRA 2 RADHA KRISHNAN ... RESPONDENTS 1 AND 2/PETITIONERS 3 SASIKALA ... 3rd RESPONDENT/2nd RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to allow this appeal, set aside the award and decree in MCOP No.1144 of 2017 dated 07.07.2018 on the file of the Motor Accident Claims Tribunal/Special District Court, Thanjavur Prayer in CMP(MD). 2483/ 2019 :

Pleased to stay all further proceedings in pursuant to the award and decree in MCOP No.1144 of 2017 dated 07.07.2018 on the file of the Motor Accident Claims Tribunal/ Special District Court, Thanjavur pending disposal of the above Civil Miscellaneous Appeal and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.P.PRABHAKARAN, Advocate for the petitioner, the court made the following order:- Notice of motion returnable in four weeks. Private notice is also permitted.

2. There shall be an order of interim stay on condition that the appellant / Transport Corporation shall deposit 50% of the award amount along with accrued interest and costs to the credit of M.C.O.P.No.1144 of 2017 on the file of the Motor Accident Claims Tribunal, (Special District Judge), Thanjavur, within a period of https://hcservices.ecourts.gov.in/hcservices/

four weeks from the date of receipt of a copy of this order, failing which, the interim stay granted shall stand automatically vacated without any further reference to this Court.

sd/- 12/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL/ SPECIAL DISTRICT COURT,THANJAVUR.

+1. C.C. to M/S.D.SRINIVASARAGAVAN, Advocate SR.No. 4478

ORDER

IN CMA(MD) No.187 of 2019 and CMP(MD) No.2483 of 2019 Date :12/03/2019 JM/VR/SAR 4/13.03.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/