M/S. National Insurance Company Limited, v. Chitra,

CMP(MD) No.4382 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twelfth day of April Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN and The Hon`ble Mrs.Justice L. VICTORIA GOWRI CMP(MD) No.4382 of 2023 IN CMA(MD) No.353 of 2023 M/S. NATIONAL INSURANCE COMPANY LIMITED, BRANCH NO.1, REPRESENTED BY ITS MANAGER, (PROMENADE ROAD), CANTONMENT TIRUCHIRAPPALLI TOWN, TIRUCHIRAPPALLI DISTRICT - 620 001.

... PETITIONER/APPELLANT Vs 1 CHITRA 2 MINOR. V. VENKATA KRISHNAN 3 MINOR. V. APARNA ( MINORS R2 AND R3 ARE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN, THE 1ST RESPONDENT CHITRA ) 4 PRAKASH 5 MOHANARENGAN ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant interim stay of all further proceedings pursuant to the Award dated 12.07.2022 made in M.C.O.P. No. 196 of 2018 on the file of the Motor Accidents Claims Tribunal, Principal District Court, Karur pending disposal of the appeal and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. Prayer in CMA(MD). 353/ 2023 :

Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act to set aside the Award in M.C.O.P. No. 196 of 2018 dated 12.07.2022 on the file of the Motor Accidents Claims Tribunal, Principal District Court, Karur and allow the appeal with costs and thus render justice.

https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.4382 of 2023 ORDER : This 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 J.S.MURALI, Advocate for the petitioner and of M/S.L.VELPRADEEP, Advocate on behalf of the Respondents the court made the following order:- [Order of the Court was made by R.SUBRAMANIAN, J.] Mr.I.Velpradeep, learned counsel takes notice for the respondents 1 to 4/claimants.

2. There will be stay on condition that the petitioner deposits a sum of Rs.50,00,000/-(Rupees Fifty Lakhs Only) with proportionate interest, to the credit of M.C.O.P.No.196 of 2018 on the file of the Motor Accident Claims Tribunal, Principal District Court, Karur, within a period of six weeks from the date of receipt of a copy of this order.

3. On such deposit, the wife of the deceased namely the first respondent is permitted to withdraw a sum of Rs.25,00,000/-(Rupees Twenty Five Lakhs Only) with proportionate interest. The remaining amount shall be kept in any one of the nationalised banks in an interest earning fixed deposit, initially for a period of two years with an auto-renewal clause.

4. Accordingly, this Civil Miscellaneous Petition is closed. sd/- 12/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PM TO The Motor Accidents Claims Tribunal, Principal District Court, Karur.

+1 CC to M/s.J.S.MURALI, Advocate ( SR-5803[I] dated 13/04/2023 ) +1 CC to M/s.I.VELPRADEEP, Advocate ( SR-5842[I] dated 13/04/2023 )

ORDER

IN CMP(MD) No.4382 of 2023 IN CMA(MD) No.353 of 2023 Date :12/04/2023 NA/MMS/SAR-2/20.04.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2