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Madras High CourtCMP(MD)/7603/2023allowed

Oriental Insurance Company Ltd v. Latha

2023-07-03Honourable Mr Justice P.Vadamalai2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Third day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI C.M.P(MD)Nos.7603 and 7605 of 2023 in C.M.A(MD)Nos.589 and 590 of 2023 M/S.ORIENTAL INSURANCE COMPANY LTD, DIVISIONAL OFFICE, II FLOOR, NO.4, PROMINADE ROAD, CANTONMENT, TRICHY -1.

... PETITIONER / APPELLANT IN BOTH PETITIONS Vs 1 LATHA 2 MINOR.RANJITH 3 MINOR.RANJITHA 4 MINOR.NANDHINI 5 MINOR.SANTHIYA (MINOR PETITIONERS 2 TO 5 ARE REPRESENTED BY THROUGH THEIR MOTHER AND GUARDIAN THE 1ST PETITIONER) 6 RAJU 7 VELLIAMMAL 8 R.SIVAKUMAR ... RESPONDENTS / RESPONDENTS IN CMP(MD)No.7603 of 2023 1 MANIKANDAN 2 R.SIVAKUMAR ... RESPONDENTS / RESPONDENTS IN CMP(MD)No.7605 of 2023 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 23-02-2021 in M.C.O.P.No.5 of 2015 on the file of the Motor Accident Claims Tribunal cum IInd Additional District Judge, Tiruchirappalli till the disposal of the appeal.

Prayer in CMP(MD). 7605/ 2023 :

To stay the operation of judgment and decree dated 23-02-2021 in M.C.O.P.No.127 of 2015 on the file of the Motor Accident Claims https://www.mhc.tn.gov.in/judis 1/2

Tribunal cum IInd Additional District Judge, Tiruchirappalli till the disposal of the appeal.

Prayer in CMA(MD). 589/ 2023 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act to set aside the common order and decree of the Motor Accident claims Tribunal cum II Additional District Judge, Thiruchirappalli made in M.C.O.P.No.5 of 2015 dated 23-02-2021 and allow the appeal with costs and render justice. Prayer in CMA(MD). 590/ 2023 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act to set aside the common order and decree of the Motor Accident claims Tribunal cum II Additional District Judge, Thiruchirappalli made in M.C.O.P.No.127 of 2015 dated 23-02-2021 and allow the appeal with costs and render justice. ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.C.JAWAHAR RAVINDRAN, Advocate for the petitioner in both petitions, the court made the following order:- Notice to the respondents returnable in six(6) weeks. Private notice is also permitted.

2.Interim stay on condition that the appellant/Petitioner deposits the entire award amount with proportionate accrued interest and costs to the credit of M.C.O.P.Nos.5 and 127 of 2015, on the file of the Motor Accidents Claims Tribunal cum II Additional District Judge, Thiruchirapalli, within a period of six weeks from the date of receipt of a copy of this order, failing which, interim stay granted shall stand automatically vacated without further reference to this Court.

sd/- 03/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE II ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TRICHY.

ORDER IN C.M.P(MD)Nos.7603 and 7605 of 2023 in C.M.A(MD)Nos.589 and 590 of 2023 Date :03/07/2023 MK/06.07.2023 2P 2C https://www.mhc.tn.gov.in/judis 2/2