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Madras High CourtCMP(MD)/9906/2023allowed

The United India Insurance Company Limited v. K.Mani@Manivannan

2023-08-11Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eleventh day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI CMP(MD) No.9906 of 2023 in CMA(MD)No.721 of 2023 THE UNITED INDIA INSURANCE COMPANY LIMITED, REPRESENTATION THROUGH THE BRANCH MANAGER, KAR TOWERS, II FLOOR, R.S.ROAD, DINGIGUL.

... PETITIONER/APPELLANT Vs 1 K.MANI @ MANIVANNAN 2 R.DHANASEKAR ... 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 grant stay of all further proceedings pursuant to the judgment and decree passed in MCOP No. 45 of 2019 dated 07.12.2021 on the file of the Motor Accident Claims Tribunal, Special Subordinate Court (to deal with MCOP cases), Dindigul, till the disposal of the appeal.

Prayer in CMA(MD). 721/ 2023 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to set aside the judgment and decree passed in MCOP No. 45/2019 dated 07.12.2021 on the file of the Motor Accident Claims Tribunal, special Subordinate Court (to deal with MCOP cases), Dindigul 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 arguments of M/S.J.S.MURALI, Advocate for the petitioner and of Mr.K.KUMARAVEL, Advocate on behalf of the 1st Respondent while admitting the Civil Miscellaneous Appeal., the Court made the following order:- Interim stay on condition that the appellant/Petitioner deposits 50% of the award amount with proportionate accrued interest and costs to the credit of M.C.O.P.No.45 of 2019, on the file of the Motor Vehicle Accident Claims Tribunal, Special Subordinate Court (to deal with MCOP Cases), Dindigul, within a period of four 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/- 11/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

AM

TO THE SPECIAL SUBORDINATE JUDGE, (TO DEAL WITH MCOP CASES), MOTOR ACCIDENT CLAIMS TRIBUNAL, DINDIGUL.

+1 CC to M/s.J.S.MURALI, Advocate ( SR-12241[I] dated 14/08/2023 )

ORDER

IN CMP(MD) No.9906 of 2023 in CMA(MD)No.721 of 2023 Date :11/08/2023 SS/VRS/07/09/2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023