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Madras High CourtCMP(MD)/4622/2020closed

The Oriental Insurance Company Ltd., v. S.Ramjan

2022-11-08Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.4622 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eighth day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.4622 of 2020 IN CMA(MD) No.356 of 2020 THE ORIENTAL INSURANCE COMPANY LTD., REP. THROUGH ITS DIVISIONAL MANAGER, OFFICE NO. 16, NORTH VELI STREET, K.J.R. COMPLEX, MADURAI - 625 001.

... PETITIONER/APPELLANT Vs 1 S.RAMJAN 2 MINOR.S.SHIBANA YASMIN 3 MINOR.S.FASILA FATHIMA 4 MINOR.S.NAGOOR MUHAMED (THE MINOR RESPONDENTS 2 TO 4 REPRESENTED THROUGH HER MOTHER AND NEXT FRIEND i.e., 1ST RESPONDENT) 5 AYISA BEEVI 6 S.S.MURUGESAN 7 IBRAHIM (DIED) (*)8 THE BRANCH MANAGER, BHARATHI AXA GENERAL INSURANCE COMPANY LIMITIED, NO.180, GROUND FLOOR, SRIRAM CENTER, B.B.CHAVADI, THENI MAIN ROAD, MADURAI DISTRICT.

... RESPONDENTS/RESPONDENTS (*)(Amended as per order in I.A.No.55/2019 dated 13.02.2019) (**)9 MUSTHAFA, S/O.LATE.IBRAHIM, NO.3/62, PALLIVASAL STREET, MANGULAM 1ST BIT VILLAGE, MADURAI TOWN, MADURAI EAST TALUK, MADURAI DISTRICT. https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.4622 of 2020 10 PIRTHOUSE D/O.LATE.IBRAHIM, NO.3/62, PALLIVASAL STREET, MANGULAM 1ST BIT VILLAGE, MADURAI TOWN, MADURAI EAST TALUK, MADURAI DISTRICT. (**)(RESPONDENTS 9 & 10 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 7TH RESPONDENT VIDE COURT ORDER DATED 08.11.2022 MADE IN CMP(MD)NO.10055 OF 2022 IN CMA(MD)NO.356 OF 2020) ... 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 the operation of Judgment and decree dated 23.01.2020 in M.C.O.P.No.1651 of 2017, on the file of the Motor Accident Claims Tribunal Cum VI Additional District Court, Madurai till the disposal of the appeal.

Prayer in CMA(MD) No.356 of 2020 :

To set aside the fair and decretal order of the Motor Accident Claims Tribunal cum VI Additional District Court, Madurai made in M.C.O.P.No.1651/2017 dated 23.01.2020 and allow the appeal with costs.

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.C.JAWAHAR RAVINDRAN, Advocate for the petitioner and of MR.S.M.KADHAR, Advocate on behalf of the Respondent Nos.9 & 10, the court made the following order:- In view of the order already passed by this court, this petition is closed.

sd/- 08/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE VI ADDITIONAL DISTRICT JUDGE/ MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

ORDER IN CMP(MD) No.4622 of 2020 IN CMA(MD) No.356 of 2020 pnn Date :08/11/2022 RS/SBN/SAR.4(09.11.2022) 2P-2C https://www.mhc.tn.gov.in/judis 2/2