M/S. National Insurance Company Limited v. Kalai Selvi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Third day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI CMP(MD) No.10417 of 2023 in CMA(MD)No.745 of 2023 M/S. NATIONAL INSURANCE COMP ANY LIMITED, THROUGH ITS BRANCH MANAGER NO.33, PROMENADE ROAD, TRICHY ... PETITIONER/APPELLANT Vs 1 KALAI SELVI 2 MINOR AMSAVARDAN 3 MINOR ILAMVAZHUTHY 4 MINOR ILAKKIYA ALAGAR (DIED) (MINOR RESPONDENTS NO.2 TO REPRESENTED BY MOTHER AND GUARDIAN RESPONDENT No.1) 5 UTHAMAN ... RESPONDENTS/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 grant an order interim stay all further proceedings in MCOP No.1584 of 2015 on the file of MACT/Special District Court, Trichy pending disposal of appeal.

Prayer in CMA(MD). 745/ 2023 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to set aside Judgment and decree dated 15/10/2022 passed in MCOP No.1584 of 2015 on the file of MACT/Special District Court, Trichy. 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.P.MALINI, Advocate for the petitioner while admitting the CMA., 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.1584 of 2015, on the file of the Motor Accidents Claims Tribunal cum Special District Court, Trichy, 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/- 23/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI TO THE SPECIAL DISTRICT JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL, TRICHY.

+1 CC to M/s.P.MALINI, Advocate ( SR-12644[I] dated 23/08/2023 )

ORDER

IN CMP(MD) No.10417 of 2023 in CMA(MD)No.745 of 2023 Date :23/08/2023 SS/VR/13/09/2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023