The Branch Manager v. Somasundaram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Ninth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CMA(MD) No.717 of 2023 THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, NO.89, JUSTICE RAJASEKARAN ROAD, NEAR ARANMANAI VASAL, SIVAGANGAI TOWN, SIVAGANGAI TALUK, SIVAGANGAI DISTRICT.

... PETITIONER/APPELLANT Vs 1 SOMASUNDARAM 2 ESWARI W/O.SOMASUNDARAM 3 ESWARI D/O.SOMASUNDARAM 4 GURUNATHAN 5 THANGAMANI ... RESPONDENTS/RESPONDENTS Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to stay all proceedings in pursuant to the decree and judgment dated 24-08-2022 made in M.C.O.P.No.63 of 2020 on the file of learned Additional District and Sessions Court, Sivagangai, pending disposal of the appeal.

Prayer in CMA(MD). 717/ 2023 :

To modify the award dated 24-08-2022 made in M.C.O.P.No.63 of 2020 on the file of learned Additional District and Sessions court, Sivgangai. 1/3

ORDER : This civil miscellaneous 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.A.ILANGO, Advocate for the petitioner and of MR.R.BALAMURUGANANTHAM, Advocate on behalf of the Respondent Nos.1, 2, 4 & 5, while admitting Civil Miscellaneous Appeal, the court made the following order:- Heard and perused the records.

2. Considering the facts and circumstances, there shall be an order of interim stay on condition that the appellant / Insurance Company shall deposit the admitted liability of Rs.16,05,920/- (Rupees Sixteen Lakhs Five Thousand and Nine Hundred and Twenty only) with proportionate interest and costs, to the credit of MCOP No.63 of 2020 on the file of the Motor Accidents Claims Tribunal / learned Additional District and Sessions Court, Sivagangai on or before, 04.09.2023, failing which, this petition shall stand dismissed automatically without any further reference to this Court.

sd/- 09/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

trp 2/3

TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL / ADDITIONAL DISTRICT AND SESSIONS JUDGE, SIVAGANGAI.

+1 CC to M/s.A.ILANGO, Advocate ( SR-12113[I] dated 10/08/2023 )

ORDER

IN in CMA(MD) No.717 of 2023 Date :09/08/2023 RS/BUC/SAR-1(11.08.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3