The Managing Director, v. Glory Raja Packia Bai,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Sixth day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMA(MD) No.404 of 2019 and CMP(MD) No.4784 of 2019 THE MANAGING DIRECTOR, TAMILNADU TRANSPORT CORPORATION, RANITHOTTAM,NAGERCOIL. APPELLANT/2ND RESPONDENT Vs 1 GLORY RAJA PACKIA BAI 2 REV.JOHN SAHAYAM 3 REV.ELIEZER SWAMY DHAS 4 ARNOLD HARRIS 5 EBEN JOSEPH SELVARAJ 6 SUMI KETZIAL 7 JONES SAMUEL 8 THILAK SINGH THAMBI ... RESPONDENTS 1 TO 8/PETITIONER 1 TO 8 9 DEVARAJ (The 9th Respondent is the driver of the appellant and that given up) 10 GNANA SUDHA 11 THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD, XAVIER BUILDING, II FLOOR, PWD ROAD, NAGERCOIL.
RESPONDENTS 9 TO 11/ RESPONDENTS 1, 3 AND 4 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to allow this appeal, setaside the award and decree made in MCOP.No.11 of 2009 dated 27.03.2012 on the file of the Motor Accident Claims Tribunal/Sub Court, Kuzhithurai. Prayer in CMP(MD).
To stay all further proceedings in pursuant to the award and decree made in MCOP.No.11 of 2009 dated 27.03.2012 on the file of the Motor Accident Claims Tribunal/ Sub Court, Kuzhithurai pending disposal of the above CMA.
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.P.PRABHAKARAN, Advocate for the petitioner and of MR.J.S.MURALI, Advocate for R11, the court made the following order:- Notice of motion returnable by 19.06.2019. Private notice is also permitted.
2. The learned counsel appearing for the appellant would submit that the entire amount has been deposited to the credit of M.C.O.P.No.11 of 2009 on the file of the Motor Accident Claims Tribunal / Sub Judge, Kuzhithurai. The said submission is recorded. 3.There shall be an order of interim stay till 19.06.2019. The Tribunal is directed to transfer the amount and deposit the same to the credit of C.M.A(MD)No.404 of 2019 before the Indian Bank, Madurai Bench of Madras High Court Branch, Madurai, which amount shall be deposited by the Indian Bank in an interest bearing account until further orders.
4.Post the matter on 19.06.2019.
sd/- 06/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, KUZHITHURAI.
COPY TO : THE BRANCH MANAGER, INDIAN BANK, MADURAI BENCH OF MADRAS HIGH COURT BRANCH, MADURAI, +1. C.C. to M/S.P.PRABHAKARAN Advocate SR.No.9142
ORDER
IN CMA(MD) No.404 of 2019 and CMP(MD) No.4784 of 2019 Date :06/06/2019 MSA PK/JC/SAR-2/11.06.2019 : 2P/4C