Madras High CourtCMP(MD)/5378/2022disposed of

Tamil Nadu State Transport Corporation Limited v. Umamaheshwari

2022-07-04Honourable Mrs Justice R. Tharani2 pages

CMP(MD)No.5378 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourth day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD)No.5378 of 2022 in CMA(MD)No.621 of 2022 TAMIL NADU STATE TRANSPORT CORPORATION LIMITED, THONDI ROAD,SIVAGANGAI, THROUGH ITS BRANCH MANAGER. ... PETITIONER/APPELLANT Vs 1 UMAMAHESHWARI 2 MINOR VIBIN (2ND RESPONDENT REPRESENTED THROUGH HIS MOTHER AND GUARDIAN 1ST RESPONDENT) 3 KAMATCHI RAJ ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an ad-interim stay of all further proceedings pursuant to the impugned award passed in MCOP.No.231 of 2018 dated 16-02-2021 on the file of the MACT(Principal District Court)Sivagangai, pending disposal of the above appeal.

Prayer in CMA(MD). 621/ 2022 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to set aside the impugned award passed in MCOP.No.231 of 2018 dated 16-02-2021 on the file of the MACT(Principal District Court)Sivagangai.

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.M.VISHNUVARTHANAN, Advocate for the petitioner, 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.231 of https://www.mhc.tn.gov.in/judis 1/2

CMP(MD)No.5378 of 2022 2018, on the file of the Motor Accident Claims Tribunal - Principal District Court, Sivagangai, within a period of six weeks from the date of this order, after deducting the amount already deposited by him, to the credit of M.C.O.P.No.231 of 2018, on the file of the Motor Accident Claims Tribunal - Principal District Court, Sivagangai,, failing which, stay granted shall stand automatically dismissed.

2. This Petition is allowed accordingly.

sd/- 04/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, SIVAGANGAI.

+1 CC toM/s.PM.VISHNUVARTHAN, Advocate(SR-6509[I] dated 04/07/2022 )

ORDER

IN CMP(MD)No.5378 of 2022 in CMA(MD)No.621 of 2022 Date :04/07/2022 ls PKP/SVR/SAR-4/05.07.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2