The Oriental Insurance Company Limited v. Jesintha Mary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twentieth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CMA(MD)No. 666 of 2023 THE ORIENTAL INSURANCE COMPANY LIMITED, THROUGH ITS BRANCH MANAGER, HAVING OFFICE AT DDJ CENTRE, 1ST FLOOR, OPPOSITE TO VADASERY BUS STAND, NAGERCOIL.

... PETITIONER/APPELLANT Vs 1 JESINTHA MARY 2 K.VEERAPANDIAN 3 K.ARUNKUMAR 4 IFFCO-TOKIO GENERAL INSURANCE COMPANY LIMITED, THROUGH ITS BRANCH MANAGE, HAVING OFFICE AT NO.82, 3RD FLOOR, COURT ROAD, NAGERCOIL.

... RESPONDENTS/RESPONDENTS (IMPLEADED AS PER ORDER IN I.A.No.

4312/2017 DATED 10.12.2019 AND AMENDED AS PER ORDER IN I.A.NO.1/2010 DATED 09.03.2020) 1/3

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 and decree dated 23-01-2023 in M.C.O.P.No.255 of 2015, on the file of the Motor Accident Claims Tribunal cum Special Sub Court, Tirunelvlei till the disposal of the appeal.

Prayer in CMA(MD). 666/ 2023 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act to set aside the order of the Tribunal of MACT cum Special Sub Court, Tirunelveli made in M.C.O.P.No.255 of 2015 dated 23-01-2023 and allow the appeal with costs and render justice.

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 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.255 of 2015, on the file of the Motor Accidents Claims Tribunal cum Special Sub Court, Tirunelveli, 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/- 20/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TTA TO THE SPECIAL SUBORDINATE JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.

ORDER

IN in CMA(MD)No. 666 of 2023 Date :20/07/2023 PKP/DD/SAR- /31.07.2023/ 3P/ 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3