Divisional Manager v. Yasmin

CMP(MD)No.6435 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Eighth day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD)No.6435 of 2022 in CMA(MD)No.741 of 2022 DIVISIONAL MANAGER UNITED INDIA INSURANCE COMAPNY LIMITED, NO.1,PROMINADE ROAD,CANTONMENT,TRICHY-1.

... PETITIONER/APPELLANT Vs 1 YASMIN 2 MINOR.MOHAMMED RIYAS 3 MINOR.SANOFAR 4 MALLIGA BEEVI 5 SHAHUL HAMEED 6 SUBRAMANI ... RESPONDENTS/RESPONDENTS (MINOR 2ND AND 3RD RESPONDENTS ARE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN NAMELY 1ST RESPONDENT) Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to stay all further proceedings pursuant to award dated 2303-2022 passed in MCOP.No.1040 of 2014 on the file of the Motor Accidents Claims Tribunal and Special District Court, Tiruchirappalli, pending disposal of the above CMA. Prayer in CMA(MD). 741/ 2022 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to call for the records of the award dated 23-03-2022 passed in MCOP.No.1040 of 2014 on the file of the Motor Accidents Claims Tribunal and Special District Court, Tiruchirappalli and set aside the same.

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 I.SUTHAKARAN, Advocate for the petitioner,while admitting the C.M.A., the court made the following order:- https://www.mhc.tn.gov.in/judis 1/2

CMP(MD)No.6435 of 2022 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.1040 of 2014, on the file of the Motor Accident Claims Tribunal - Special District Court, Tiruchirappallil, within a period of four weeks from the date of this order, after deducting the amount already deposited by him, to the credit ofM.C.O.P.No.1040 of 2014, on the file of the Motor Accident Claims Tribunal - Special District Court, Tiruchirappallil, failing which, stay granted shall stand automatically dismissed.

2. This Petition is allowed accordingly.

sd/- 28/07/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUCHIRAPPALLIL.

+1 CC to M/s.I.SUTHAKARAN, Advocate ( SR-7798[I] dated 28/07/2022 )

ORDER

IN CMP(MD)No.6435 of 2022 in CMA(MD)No.741 of 2022 Date :28/07/2022 RK/PN/SAR-III/01.08.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2