Madras High CourtCMP(MD)/6305/2022disposed of

United India Insurance Company Ltd., v. P.Moses

2022-07-25Honourable Mrs Justice R. Tharani2 pages

C.M.P(MD)No.6305 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Fifth day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI C.M.P(MD)No.6305 of 2022 in C.M.A(MD)No.722 of 2022 UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED THROUGH ITS DIVISIONAL MANAGER, K.A.R.TOWERS, II FLOOR,R.S.ROAD, DINDIGUL TOWN,DINDIGUL DISTRICT.

... PETITIONER/APPELLANT Vs 1 P.MOSES 2 SAINT JOSEPH POLYTECHNIC COLLEGE, REPRESENTING THROUGH ITS SECRETARY, PAPPU NAGAR,NEAR RMTC NAGAR,REDDIAPATTI VILLAGE, DINDIGUL EAST TALUK, DINDIGUL DISTRICT.

3 TAMIL NADU TRANSPORT CORPORATION, REPRESENTING THROUGH ITS MANAGING DIRECTOR, VIRUDHUNAGAR.

... RESPONDENTS/RESPONDENTS 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 pursuant to judgment and decree dated 02-08-2021 made in MCOP.No.743 of 2017 on the file of Motor Accidents Claims Tribunal/Special Sub-court to deal with MCOP Cases, Dindigul, pending disposal of the CMA and thus render justice. Prayer in CMA(MD). 722/ 2022 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to set aside the judgment and decree dated 02-08-2021 made in MCOP.No.743 of 2017 on the file of Motor Accidents Claims Tribunal/Special Sub-court to deal with MCOP Cases, Dindigul. 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 M/S.I.SUTHAKARAN, Advocate for the petitioner, the court made the following order:- https://www.mhc.tn.gov.in/judis 1/2

C.M.P(MD)No.6305 of 2022 There shall be an order of Interim Stay on condition that the petitioner/ appellant deposits 50% of the award amount with proportionate interests and costs, awarded in M.C.O.P.No.743 of 2017 on the file of the Motor Accidents Claims Tribunal / Special SubCourt, Dindigul, within a period of four weeks with proportionate accrued interest, to the credit of M.C.O.P.No.743 of 2017 on the file of the Motor Accidents Claims Tribunal / Special Sub-Court, Dindigul, less any amount already deposited, failing which, interim stay granted shall stand automatically vacated. 2.Hence, this petition is disposed of.

sd/- 25/07/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, DINDIGUL.

+1. C.C. to M/S.I.SUTHAKARAN Advocate SR.No.7571

ORDER

IN C.M.P(MD)No.6305 of 2022 in C.M.A(MD)No.722 of 2022 Date :25/07/2022 RK/PN/SAR-I/20.07.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2