The Manager v. Supriya

CMP(MD)No.6312 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Sixth day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD)No.6312 of 2022 in CMA(MD)No.725 of 2022 THE MANAGER ICICI LOMBARD NATIONAL INSURANCE COMPANY LIMITED, ICICI LOMBORD HOUSE, 414,VEERSAWARKAR MARK, CHITTHINAVINAYAKAR KOVIL NEAR, PRABHADEVI,MUMBAI.

... PETITIONER / APPELLANT Vs 1 SUPRIYA 2 MINOR.ANNANIYA (REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN THE 1st RESPONDENT) 3 PERIYASAMY 4 EMMIYAMMAL 5 MINOR.AADHIYA (REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN THE 1ST RESPONDENT) 6 THE CHAIRMAN CAPE INSTITUTE OF TECHNOLOGY,LEVINGIPURAM, RADHAPURAM,TIRUNELVELI DISTRICT.

7 VEDHA MANIKAM 8 THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, LEELA BALAN COMPLEX MAIN ROAD, KANNIYAKUMARI.

... RESPONDENTS / RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order of interim stay of the fair and decreetal order passed by the Motor Accident Claims Tribunal, Subordinate Judge, Valliyoor in MCOP.No.112 of 2015 dated 22-12-2021, pending disposal of the above appeal.

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

CMP(MD)No.6312 of 2022 Prayer in CMA(MD). 725/ 2022 :

To call for the records pertaining the fair and decreetal order passed by the Motor Accident Claims Tribunal, Subordinate Judge, Valliyoor in MCOP.No.112 of 2015 dated 22-12-2021, set aside the same by allowing the appeal.

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 Mr.P.PETHU RAJESH, Advocate for the petitioner, the court made the following order:- There shall be an order of Stay on condition that the petitioner/appellant shall deposit 50 % of the award amount with proportionate interests and costs, awarded in M.C.O.P.No.112 of 2015, on the file of the Motor Accident Claims Tribunal - Subordinate Judge, Valliyoor, within a period of four weeks from the date of this order, after deducting the amount already deposited by him, to the credit of M.C.O.P.No.112 of 2015, on the file of the Motor Accident Claims Tribunal - Subordinate Judge, Valliyoor, failing which, stay granted shall stand automatically dismissed.

2. This Petition is allowed accordingly.

sd/- 26/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, VALLIYOOR

ORDER

IN CMP(MD)No.6312 of 2022 in CMA(MD)No.725 of 2022 Date :26/07/2022 MK/VR/SAR.IV/29.07.2022/2P/2C https://www.mhc.tn.gov.in/judis 2/2