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Madras High CourtCMP(MD)/12594/2023allowed

The General Manager, v. Thangamony (Died) 1.Reethammal

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 in CMA(MD) No.890 of 2023 THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (TIRUNELVELI REGION) LTD, RANITHOTTTAM, NAGERCOIL, NAGERCOIL VILLAGE, KANYAKUMARI DISTRICT.

... PETITIONER/APPELLANT Vs THANGAMONY (DIED) 1.REETHAMMAL 2 TITUS 3 ANISH KUMAR 4 VIJAYAKUMARI 5 M.KUNJAPPI ... 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 28.10.2022 in MCOP No.198/2012 on the file of the Motor Accident Claims Tribunal cum Sub Court, Padmanabapuram till the disposal of the appeal.

Prayer in CMA(MD). 890/ 2023 :

To set aside the order of the Motor Accident Claims Tribunal Sub Court, Padmanabapuram made in MCOP No.198/2012, dated 28.10.2022 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.C.K.M.APPAJI, Advocate on behalf of the Respondent Nos.1 to 4, 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.198 of 2012 on the file of the Motor Accidents Claims Tribunal / Sub Court, Padmanabhapuram 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 / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL / SUBORDINATE JUDGE, PADMANABHAPURAM.

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ORDER

IN in CMA(MD) No.890 of 2023 Date :22/09/2023 RS/GB/SAR-(29.09.2023) 3P 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3