M/S. Oriental Insurance Company Limited, v. Radhika,

CMP(MD) No.7759 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Ninth day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.7759 of 2022 IN CMA(MD) No.828 of 2022 M/S. ORIENTAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS MANAGER, NO.107, NAVALADIYAN COMPLEX, 2ND FLOOR, SBI UPSTAIRS, DINDIGUL MAIN ROAD, KARUR.

... PETITIONER/APPELLANT Vs 1 RADHIKA 2 MINOR.MADHUVARSHINI 3 MINOR.HARISHMA (MINOR PETITIONERS 2 AND 3 ARE REPRESENTED BY THEIR NEXT FRIEND, NATURAL GUARDIAN AND MOTHER FIRST PETITIONER RADHIKA).

4 JAYA 5 MURUGESAN ... 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 and decree dated 11.12.2020 in M.C.O.P. No. 582/2018, on the file of the Motor Accident Claims Tribunal cum District Court, Karur till the disposal of the appeal. Prayer in CMA(MD). 828/ 2022 :

To set aside the order of the Motor Accident Cliams Tribunal cum District Court, Karur made in M.C.O.P. No. 582/2018, dated 11.12.2020 and allow the appeal with costs.

https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.7759 of 2022 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 CMP., the court made the following order:- There shall be an order of Stay on condition that the petitioner/appellant shall deposit 50 % of the award amount with proportionate interests and costs, awarded in M.C.O.P.No.582 of 2018, on the file of the Motor Accident Claims Tribunal cum District Court, Karur, within a period of four weeks from the date of receipt of copy of this order, after deducting the amount already deposited by him, to the credit of M.C.O.P.No.582 of 2018, on the file of the Motor Accident Claims Tribunal cum District Court, Karur, failing which, stay granted shall stand automatically dismissed.

2. This Petition is allowed accordingly.

sd/- 29/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, KARUR.

ORDER

IN CMP(MD) No.7759 of 2022 IN CMA(MD) No.828 of 2022 Date :29/08/2022 Ls SA/VR/SAR.4/06.09.2022/2P/2C https://www.mhc.tn.gov.in/judis 2/2