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Madras High CourtCMP(MD)/5321/2022allowed

The Oriental Insurance Company Limited, v. Jeyachandran,

2022-07-01Honourable Mrs Justice R. Tharani2 pages

C.M.P(MD)No.5321 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the First day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI C.M.P(MD)No.5321 of 2022 in C.M.A(MD)No.617 of 2022 THE ORIENTAL INSURANCE COMPANY LIMITED,, CHENNAI, REPRESENTED BY ITS DIVISIONAL MANAGER, HAVING HIS OFFICE AT DWARAKA, 2ND FLOOR, NO. 79, UTHAMAR GANDHI SALAI, CHENNAI - 600 034 ... PETITIONER/APPELLANT Vs 1 JEYACHANDRAN 2 RAJESWARI 3 MOHAMED ALI ... RESPONDENTS/RESPONDENTS 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 dated 14.12.2021 in M.C.O.P. No. 109/2018, on the file of the Motor Accident Claims Tribunal Cum Special District Court, Madurai till the disposal of the appeal.

Prayer in CMA(MD). 617/ 2022 :

Civil Miscellaneous Petition filed under Section 173 of Motor Vehicle Act to set aside the order of the Motor Accident Claims Tribunal cum Special District Court, Madurai made in M.C.O.P. No. 109/2018, dated 14.12.2021 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.C.JAWAHAR RAVINDRAN, Advocate for the petitioner, while admitting the CMA., the court made the following order:- 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.109 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.P(MD)No.5321 of 2022 on the file of the Motor Accidents Claims Tribunal, Special District Court, Madurai, within a period of four weeks with proportionate accrued interest, to the credit of M.C.O.P.No.109 of 2018 on the file of the Motor Accidents Claims Tribunal, Special District Court, Madurai, less any amount already deposited, failing which, interim stay granted shall stand automatically vacated. 2.Hence, this petition is disposed of.

sd/- 01/07/2022 / TRUE COPY / 07/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL DISTRICT JUDGE, ( MOTOR ACCIDENT CLAIMS TRIBUNAL) MADURAI.

ORDER

IN C.M.P(MD)No.5321 of 2022 in C.M.A(MD)No.617 of 2022 Date :01/07/2022 RK/JM/SAR-I/07.07.2022 : 2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2