Reliance General Insurance Company Limited v. S.Selvakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fourteenth day of October Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI C.M.P(MD)Nos.9574, 9577, 9578 and 9579 of 2022 in C.M.A(MD)Nos.964 ,965, 966 and 967 of 2022 RELIANCE GENERAL INSURANCE COMPANY LIMITED, NO.5/111 AND 6/112, 1ST FLOOR, UNNATI ARCADE, 1st BLOCK, DR.RAJKUMAR ROAD, RAJAJI NAGAR, BANGALORE, KARNATAKA.

REPRESENTED BY MANAGER.

PETITIONER / APPELLANT IN ALL PETITIONS Vs S.SELVAKUMAR ... RESPONDENT / RESPONDENT IN C.M.P(MD)No.9574 of 2022 S.SARAVANAKUMAR ... RESPONDENT / RESPONDENT IN C.M.P(MD)No.9577 of 2022 S.SARAVANAKUMAR S.SELVAKUMAR ... RESPONDENTS / RESPONDENTS IN C.M.P(MD)Nos.9578 & 9579 of 2022 Prayer in CMP(MD). 9574/ 2022 in CMA(MD). 964/ 2022 : Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an interim stay of all further proceedings pursuant to the judgment and decree dated 30-11-2021 made in MCOP.No.221 of 2015 on the file of the Motor Accidents Claims Tribunal, First Additional District Court, Tuticorin, pending disposal of the appeal. Prayer in CMP(MD). 9577/ 2022 in CMA(MD).

965/ 2022 : To grant an interim stay of all further proceedings pursuant to the judgment and decree dated 30-11-2021 made in MCOP.No.222 of 2015 on the file of the Motor Accidents Claims Tribunal, First Additional District Court, Tuticorin, pending disposal of the appeal. Prayer in CMP(MD). 9578/ 2022 in CMA(MD). 966/ 2022 : To grant an interim stay of all further proceedings pursuant to the judgment and decree dated 30-11-2021 made in MCOP.No.223 of 2015 on the file of the Motor Accidents Claims Tribunal, First Additional District Court, Tuticorin, pending disposal of the appeal.

Prayer in CMP(MD). 9579/ 2022 in CMA(MD). 967/ 2022 : To grant an interim stay of all further proceedings pursuant to the judgment and decree dated 30-11-2021 made in MCOP.No.224 of 2015 on the file of the Motor Accidents Claims Tribunal, First Additional District Court, Tuticorin, pending disposal of the appeal. Prayer in CMA(MD). 964/ 2022 :

To set aside the judgment and decree in MCOP.No.221 of 2015 dated 30-11-2021 on the file of the Motor Accidents Claims Tribunal, First Additional District Court, Tuticorin and allow the appeal with costs.

Prayer in CMA(MD). 965/ 2022 :

To set aside the judgment and decree in MCOP.No.222 of 2015 dated 30-11-2021 on the file of the Motor Accidents Claims Tribunal, First Additional District Court, Tuticorin and allow the appeal with costs.

Prayer in CMA(MD). 966/ 2022 :

To set aside the judgment and decree in MCOP.No.223 of 2015 dated 30-11-2021 on the file of the Motor Accidents Claims Tribunal, First Additional District Court, Tuticorin and allow the appeal with costs.

Prayer in CMA(MD). 967/ 2022 :

To set aside the judgment and decree in MCOP.No.224 of 2015 dated 30-11-2021 on the file of the Motor Accidents Claims Tribunal, First Additional District Court, Tuticorin and allow the appeal with costs.

ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.J.S.MURALI, Advocate for the petitioner in all the petitions, While admitting the CMA's., the court made the following order:- On the side of the petitioner, it is stated that in the original claim petition, the original owner was not impleaded as party. But the award was passed against the Insurance Company. 2.In the above circumstances, stay is granted till the disposal of the appeals.

sd/- 14/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO I ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, TUTICORIN.

+4. C.C. to M/S.J.S.MURALI Advocate SR.No.11427, 11428, 11429 & 11430.

ORDER

IN C.M.P(MD)Nos.9574, 9577, 9578 and 9579 of 2022 in C.M.A(MD)Nos.964 ,965, 966 and Date :14/10/2022 MK/VR/SAR.I/20.10.2022/3P/6C 3/3