Madras High CourtCMP(MD)/6301/2022disposed of

M/S.United India Insurance Company Ltd v. Rajakumari

2022-07-25Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.6301 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Fifth day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.6301 of 2022 IN CMA(MD) No.721 of 2022 M/S.UNITED INDIA INSURANCE COMPANY LTD, REPRESENTED BY ITS BRANCH MANAGER BHARATHIDASAN SALAI CANTONMENT TRICHY.

... PETITIONER/APPELLANT Vs 1 RAJAKUMARI 2 VENKATESAN 3 CHETTINAD COLLEGE OF ENGINEERING AND TECHNOLOGY, REPRESENTED THROUGH ITS PRINCIPAL NH 67, KARUR - TRICHY HIGHWAYS PULIYUR POST, KARUR.

4 ORIENTAL INSURANCE COMPANY LTD, REPRESENTED BY ITS BRANCH MANAGER BHARATHIDASAN SALAI CANTONMENT, TRICHY.

... RESPONDENTS/RESPONDENTS (CAUSE TITLE IS ACCEPTED VIDE COURT ORDER DATED 13-07-2022 MADE IN CMP(MD)No.5892/2022 IN CMA.SR (MD).No.23183/2022 BY PVJ.

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 judgment and decree dated 30-11-2021 in MCOP.No.806/2015 on the file of the Motor Accident Claims Tribunal Cum Special Sub Court, Thiruchirappalli till the disposal of the appeal.

Prayer in CMA(MD). 721/ 2022 :

To set aside the order of the Tribunal of Motor Accident Claims Tribunal Cum Special Sub Court, Thiruchirappalli made in MCOP.No.806/2015 dated 30-11-2021 and allow the appeal with costs. https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.6301 of 2022 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.C.JAWAHAR RAVINDRAN, Advocate for the petitioner and of M/s.R.JENIFAR BIBIN, Advocate on behalf of the 1st Respondent, the court made the following order:- There shall be an order of Interim Stay on condition that the petitioner/ appellant deposits 50% of the award amount with proportionate interests and costs, awarded in M.C.O.P.No.806 of 2015 on the file of the Motor Accidents Claims Tribunal cum Special Sub Court, Thiruchirappalli, within a period of four weeks with proportionate accrued interest, to the credit of M.C.O.P.No.806 of 2015 on the file of the Motor Accidents Claims Tribunal cum Special Sub Court, Thiruchirappalli, less any amount already deposited, failing which, interim stay granted shall stand automatically vacated.

2.On the side of the respondent it is stated that the amount is admitted.

3.On the side of the first respondent it is stated that the admitted amount may be permitted to withdraw by the claimant. 4.The respondent has no objection.

5.In view of the submissions made by both sides, on deposit of the amount, the claimant is permitted to withdraw the amount. 6.Hence, this petition is disposed of.

sd/- 25/07/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUBORDINATE JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL, THIRUCHIRAPALLI. +1. C.C. to M/S.R.JENIFAR BIBIN, Advocate SR.No.7623 (I) Date:26/07/2022 ORDER IN CMP(MD) No.6301 of 2022 IN CMA(MD) No.721 of 2022 Date :25/07/2022 SA/PN/SAR.1/01.08.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2