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Madras High CourtCMP(MD)/12445/2023allowed

The Managing Director, v. Ramaiah,

2023-09-22Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Second day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI CMP(MD) No.12445 of 2023 in CMA(MD).No.878 of 2023 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (TIRUNELVELI) LIMITED, TIRUNELVELI.

... PETITIONER/APPELLANT Vs 1 RAMAIAH, 2 MARIAPPAN, ... RESPONDENTS/ RESPONDENTS Civil Miscellaneous 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 award dated 22-12-2022 in M.C.O.P.No.382/2014 on the file of the Motor Accident Claims Tribunal cum Principal Sub Court, Tenkasi, till the disposal of the appeal and pass such other orders as this Honourable Court deem fit and proper as to the circumstances of the case.

Prayer in CMA(MD). 878/ 2023 :

Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act to set aside the order of the Motor Accident claims Tribunal Principal Sub Court, Tenkasi, made in M.C.O.P.No.382/2014, dated 22-12-2022 and allow the appeal with costs. ORDER : This Civil Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the 1/3

arguments of M/S. S.MICHEAL HELDON KUMAR, Advocate for the petitioner and of MR.R.J.KARTHICK on behalf of the Respondent No.1, while admitting the Civil Miscellaneous Appeal the Court made the following order:- Heard and perused the records.

2. Considering the facts and circumstances, there shall be an order of interim stay on condition that the petitioner / appellant shall deposit 50% of the award amount together with proportionate interest and costs, to the credit of MCOP No.382 of 2014 on the file of the Motor Accidents Claims Tribunal - cum - Principal Sub Court, Tenkasi within a period of six weeks from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically without any further reference to this Court.

sd/- 22/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO The Principal Subordinate Judge/The Motor Accident claims Tribunal, Tenkasi.

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COPY TO THE SECTION OFFICER JUDICIAL SECTION MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.12445 of 2023 in CMA(MD).No.878 of 2023 Date :22/09/2023 SSA/GB/03.10.2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3