The Managing Director v. Radhika

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirteenth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CMA(MD) No.772 of 2023 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION, PILLAITHANNEERAPANTHAL, THIRUMANYAM ROAD, PUDUKOTTAI AND DISTRICT.

... APPELLANT Vs 1 RADHIKA 2 POORVIKA (MINOR) 3 DHARUN PRASATH (MINOR) 4 SAMINATHAN (MINOR) (R2 TO R4 MINORS REPRESENTED BY THEIR MOTHER/GUARDIAN/1ST RESPONDENT) 5 ALAGAMMAL ... 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 the Judgment and Decree dated 07/04/2021 made in MCOP No.311 of 2021 on the file of the Motor Accident Claims Tribunal, Pudukkottai pending disposal of the above Civil Miscellaneous Appeal. Prayer in CMA(MD). 772/ 2023 :

To set aside the judgment and decree passed in MCOP No.311 of 2021 on the file of the Motor Accident Claim Tribunal/The Learned Principal District Judge, Pudukkottai dated 07.4.2022 and allow the Civil Miscellaneous Appeal. 1/3

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.K.RAMAIAH, Advocate for the petitioner and of MR.P.GANAPATHI SUBRAMANIAN, Advocate on behalf of the Respondent Nos.1 to 4, while admitting the Civil Miscellaneous Appeal, the court made the following order:- The learned counsel for the petitioner/appellant and the learned counsel for R1 to R4 are present.

2.The learned counsel for the petitioner has filed a memo stating that he has already deposited a sum of Rs.13,84,414/- on 28.06.2023 before the Tribunal. 3.Considering the same, interim stay granted on condition that the petitioner/appellant deposits further 30% of the award amount with proportionate accrued interest and costs to the credit of M.C.O.P.No.311 of 2021, on the file of the Motor Accidents Claims Tribunal/The Principal District Judge, Pudukkottai, within a period of six 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/- 13/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL / THE PRINCIPAL DISTRICT JUDGE, PUDUKKOTTAI.

ORDER

IN in CMA(MD) No.772 of 2023 Date :13/09/2023 RS/JGB/SAR-(19.09.2023) 3P 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3