Madras High CourtCMP(MD)/6018/2022disposed of

M/S. National Insurance Company Limited, v. Banumathi,

2022-07-19Honourable Mrs Justice R. Tharani2 pages

CMP(MD)No.6018 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Nineteenth day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD)No.6018 of 2022 in CMA(MD)No.689 of 2022 M/S. NATIONAL INSURANCE COMP ANY LIMITED,, REPRESENTED BY ITS MANAGER, TP HUB DEPARTMENT, SERVISTA CONVENT BUILDING NO.12-A, OPPOSITE TO DISTRICT COURT, YMR PATTI, KARUNANITHI.

... PETITIONER/APPELLANT Vs 1 BANUMATHI 2 KAMALA ... 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 interim stay of all further proceedings pursuant to the Judgment and Decree dated 05.03.2022 made in M.C.O.P. No. 172 of 2020 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Karur pending disposal of the appeal. Prayer in CMA(MD). 689/ 2022 :

Civil Miscellaneous Petition filed under section 173 of Motor Vehicles Act to set aside the Judgment and Decree in M.C.O.P. No. 172 of 2020 dated 05.03.2022 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Karur 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.J.S.MURALI, Advocate for the petitioner, while admitting the CMA., 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.172 of 2020, on the file of the Motor Accident Claims Tribunal - Chief Judicial Magistrate, Karur, within a period of four weeks from the date of this order, after deducting the amount already deposited by https://www.mhc.tn.gov.in/judis 1/2

CMP(MD)No.6018 of 2022 him, to the credit of M.C.O.P.No.172 of 2020, on the file of the Motor Accident Claims Tribunal - Chief Judicial Magistrate, Karur, failing which, stay granted shall stand automatically dismissed.

2. This Petition is allowed accordingly.

sd/- 19/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, KARUR.

+1. C.C. to M/S.J.S.MURALI Advocate SR.No.7315

ORDER

IN CMP(MD)No.6018 of 2022 in CMA(MD)No.689 of 2022 Date :19/07/2022 RK/JM/SAR-I/21.07.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2