The Divisional Manager, v. Meena

CMP(MD) No.5117 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Eighth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.5117 of 2022 IN CMA(MD)NO. 601 of 2022 THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED 2ND FLOOR, NO. 7, WEST VELI STREET TVS BUILDING,MADURAI - 1. ... PETITIONER/APPELLANT Vs 1 MEENA 2 MINOR.A.RAGAVI 3 MINOR.A.ABHISHEK, (MINOR 2ND AND 3RD RESPONDENTS REP BY MOTHER AND GUARDIAN MEENA (1st RESPONDENT) 4 LAKSHMI NATARAJAN ASARI(DIED) 5 V.SARAVANAN ...RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to STAY all further proceedings pursuant to the award dated 10.11.2021 passed in M.C.O.P. No. 1013 of 2018 on the file of Motor Accidents Claims Tribunal and The Special District Court to Deal with Motor Accident Cases, Madurai pending disposal of the above C.M.A. Prayer in CMA(MD). 601/ 2022 :

Civil Miscellaneous Petition filed under section 173 of Motor Vehicles Act to set aside the award dated 10.11.2021 passed in M.C.O.P. No. 1013 of 2018 on the file of Motor Accidents Claims Tribunal and The Special District Court to Deal with Motor Accident Cases, Madurai.

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

CMP(MD) No.5117 of 2022 ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.I.SUTHAKARAN, Advocate for the petitioner and of MR.K.HEMAKARTHIKEYAN,Advocate on behalf of the Respondents 1 to 4, while admitting the Civil Miscellaneous Appeal,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.1013 of 2018, on the file of the Motor Accident Claims Tribunal - Special District Court to deal with Motor Accident Cases, Madurai, 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.1013 of 2018, on the file of the Motor Accident Claims Tribunal - Special District Court to deal with Motor Accident Cases, Madurai, failing which, interim stay granted shall stand automatically dismissed.

2. This Petition is allowed accordingly.

3. Notice.

sd/- 28/06/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL - SPECIAL DISTRICT COURT TO DEAL WITH MOTOR ACCIDENT CASES, MADURAI.

+1. CC to MR.I.SUTHAKARAN, Advocate SR.No.6270(I)

ORDER

IN CMP(MD) No.5117 of 2022 IN CMA(MD)NO. 601 of 2022 Date :28/06/2022 Ls PKP/SVR/SAR-2/01.07.2022/2P/2C https://www.mhc.tn.gov.in/judis 2/2