The General Manager v. M.Murugesan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirteenth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CMA(MD)No. 719 of 2023 THE GENERAL MANAGER M/S TAMILNADU STATE TRANSPORT CORPORATION LTD, KUMBAKONAM DIVISION II, PERIYAMILAGUPARAI, TRICHY 1.

... PETITIONER/PETITIONER Vs M.MURUGESAN ... RESPONDENT/RESPONDENT Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass ann order stay the operation of fair and decreetal order dated 07.09.2022 made in MCOP No. 1087/2013 on the file of the Motor Accident Claim Tribunal/ learned Special Sub Judge, Tiruchirapalli.

Prayer in CMA(MD). 719/ 2023 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to allow this appeal by setaside the award and judgement dated 07.09.2022 made in MCOP No. 1087/2013 on the file of the Motor Accident Claim Tribunal/ the learned Special Sub Judge, Tiruchirapalli.

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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.K.RAMAIAH, Advocate for the petitioner and of MR.D.BOOPAL, Advocate for the Respondent, while admitting the Civil Miscellaneous Appeal, the court made the following order:- The learned counsel for the petitioner/appellant and the learned counsel for the respondent are present.

2.The learned counsel for the petitioner submits that he has already deposited 50% of the award amount with proportionate accrued interest and costs to the credit of M.C.O.P.No.1087 of 2023 on the file of the Motor Accident Claims Tribunal/The Special Subordinate Judge, Trichy, for which memo has also been filed. 3.Since 50% of the award amount has already been deposited before the Tribunal, interim stay is granted for a period of six weeks. 4.The respondent/petitioner is permitted to withdraw a sum of Rs.5,00,000/- (Rupees Five Lakhs only) by filing necessary application before the Tribunal.

5.Post the mater after six weeks.

sd/- 13/09/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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VSD TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUCHIRAPPALLI.

ORDER

IN in CMA(MD)No. 719 of 2023 Date :13/09/2023 PKP/JGB/SAR- /01.11.2023/ 3P/ 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3