Madras High CourtCMA(MD)/417/2019allowed

The Divisional Manager v. Minor.Rathika

2021-07-15Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twelfth day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMA(MD) No.417 of 2019 and CMP(MD) No.4988 of 2019 THE DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD., DIVISIONAL OFFICE, 5A, SUB COLLECTOR OFFICE ROAD, DINDIGUL-624 001, DINDIGUL DISTRICT. APPELLANT/2nd RESPONDENT Vs 1 MINOR.RATHIKA ... 1st RESPONDENT/1st PETITIONER 2 MINOR.SARANKUMAR ... 2nd RESPONDENT/2nd PETITIONER (1ST AND 2ND MINIOR RESPONDENTS WERE REPRESENTED BEFORE TRIBUNAL BY MATERNAL GANDFATHER AND GUARDIAN PALANIYAPPAN) 3 VIJAYAKUMAR ... 3rd RESPONDENT/1st RESPONDENT 4 SELVARAJ ... 4th RESPONDENT/3rd RESPONDENT (Impleaded in IA No.34/2015 order dated 24.02.

2015 by Tribunal Father of the above Minor Children added as necessary party before the Tribunal he has abandoned his claim before Tribunal which is also on record) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the judgment and fair decreetal order dated 26.10.2018 made in MCOP No.41 of 2013 on the file of Motor Accident Claims Tribunal/Court of Sub Judge, Vedasandur and allow this appeal and thus render justice.

Prayer in CMP(MD).4988/2019 :

To stay the operation of Judgment and fair decreetal order made in MCOP No.41 of 2013 dated 26.10.2018 on the file of Motor Accident Claims Tribunal/ Court of Sub Judge, Vedasandur, Dindigul District pending this CMA.

https://hcservices.ecourts.gov.in/hcservices/

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.V.J.KUMARAVEL, Advocate for the petitioner, the court made the following order:- Notice of motion returnable by 10.07.2019. Private notice is also permitted.

2. There shall be an order of interim stay on condition to deposit the entire award amount with accrued interest and costs to the credit of M.C.O.P.No.41 of 2013 on the file of the Motor Accident Claims Tribunal / Sub Judge, Vedasandur, Dindigul District, within a period of four weeks from the date of receipt of a copy of this order, failing which, the interim order granted shall stand vacated automatically without any further reference to this Court.

3. On such deposit, the Tribunal is directed to transfer the amount and deposit the same to the credit of C.M.A(MD)No.417 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 10.07.2019.

sd/- 12/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, VEDASANDUR, DINDIGUL DISTRICT COPY TO: THE BRANCH MANAGER, INDIAN BANK, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.V.J.KUMARAVEL Advocate SR.No.9475 ORDER IN CMA(MD) No.417 of 2019 and CMP(MD) No.4988 of 2019 Date :12/06/2019 MSA PK/JC/SAR-2/17.06.2019 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/