The Oriental Insurance Company Ltd v. Syed Meeral Beevi
CMP(MD) No.6267 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Sixth day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.6267 of 2022 IN CMA(MD) No.717 of 2022 THE ORIENTAL INSURANCE COMPANY LTD, THROUGH ITS DIVISIONAL MANAGER, OFFICE AT NUMBER-4, BAHARATHIDASAN ROAD, 2ND FLOOR, CANTONMENT, TRICHIRAPPALLI.
... PETITIONER/APPELLANT Vs 1 SYED MEERAL BEEVI 2 JALEESUR RAHMAN 3 DHANALAKSHMI ... 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 28-02-2022 in MCOP.No.325/2018, on the file of the Motor Accident Claims Tribunal Cum I Additional District Court, Tirunelveli till the disposal of the appeal.
Prayer in CMA(MD). 717/ 2022 :
To set aside the order of the Tribunal of MACT Cum I Additional District Court, Tirunelveli made in MCOP.No.325/2018 dated 28-022022 and allow this 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 and of Mr.V.SASI KUMAR, Advocate on behalf of the Respondents, 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.325 of 2018, on the file of the Motor Accident Claims Tribunal - I https://www.mhc.tn.gov.in/judis 1/2
CMP(MD) No.6267 of 2022 Additional District Court, Tirunelveli, within a period of four weeks from the date of this order, after deducting the amount already deposited by him, to the credit of M.C.O.P.No.325 of 2018, on the file of the Motor Accident Claims Tribunal - I Additional District Court, Tirunelveli, failing which, stay granted shall stand automatically dismissed.
2. On the side of the claimants, it is stated that the claimants may be permitted to withdraw the amount to be deposited by the petitioner/appellant.
3. The learned counsel for the petitioner / appellant has no objection in disbursing the amount to the claimant.
4. On such deposit being made, the major claimants are permitted to withdraw that amount to be deposited by the petitioner/ appellant as apportioned by the Tribunal.
5. This Petition is allowed accordingly.
sd/- 26/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE I ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.
+1. C.C. to M/S.V.SASIKUMAR, Advocate SR.No.7671
ORDER
IN CMP(MD) No.6267 of 2022 IN CMA(MD) No.717 of 2022 Date :26/07/2022 SA/PN/SAR.1/29.07.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2