M/S.United India Insurance Company Limited v. Paripooranam

CMP(MD) No.7656 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Sixth day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.7656 of 2022 IN CMA(MD) No.818 of 2022 M/S.UNITED INDIA INSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER, NO.81C, WEST GREAT COTTON ROAD, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

... PETITIONER/APPELLANT Vs 1 PARIPOORANAM 2 GANESAPANDI 3 MUTHUVEL 4 M/S.INDUSTRIAL MINERAL CO (FIRM), NO.1/1C, HARBOR EXPRESS HIGHWAYS ROAD, THERMAL NAGAR, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

5 HARRIS ... 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 Stay of all further proceedings in pursuance of the fair and decreetal order dated 23-02-2022 made in MCOP.No.1812 of 2017 on the file of the Motor Accident Claims Tribunal (1st Additional District Court, Tirunelveli) pending disposal of the above appeal. Prayer in CMA(MD)No.818 of 2022 :

To allow this memorandum of Civil Miscellaneous Petition against Fair and Decreetal order dated 23.02.2022 made in MCOP.No.1812 of 2017 on the file of the Motor Accident Claims Tribunal (1st Additional District Court, Tirunelveli). 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.B.RAJESH SARAVANAN, Advocate for the petitioner, while admitting the Civil Miscellaneous Appeal, the court made the following order:- https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.7656 of 2022 There shall be an order of Interim Stay on condition that the petitioner/ appellant deposits 50% of the award amount with proportionate interests and costs, awarded in M.C.O.P.No.1812 of 2017 on the file of the Motor Accidents Claims Tribunal, (1st Additional District Court, Tirunelveli), within a period of four weeks with proportionate accrued interest, to the credit of M.C.O.P.No.1812 of 2017 on the file of the Motor Accidents Claims Tribunal, (1st Additional District Court, Tirunelveli), less any amount already deposited from the date of receipt a copy of this order, failing which, interim stay granted shall stand automatically vacated.

2.Hence, this petition is disposed of.

sd/- 26/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE 1ST ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUNELVELI DISTRICT.

+1 CC to M/s.B.RAJESH SARAVANAN, Advocate ( SR-9270[I] dated 30/08/2022 )

ORDER

IN CMP(MD) No.7656 of 2022 IN CMA(MD) No.818 of 2022 Date :26/08/2022 pnn RS/PN/SAR.2 (02.09.2022) 2P-3C https://www.mhc.tn.gov.in/judis 2/2