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Madras High CourtCMP(MD)/12619/2023allowed

The Managing Director v. Muralivarma,

2023-09-22Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Second day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CMA(MD) No.891 of 2023 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION, COIMBATORE, TIRUPPUR.

... PETITIONER/APPELLANT Vs 1 MURALIVARMA 2 ISWARYA 3 AKSHAYA 4 MYTHILI 5 THE MANAGER, THE NEW INDIA ASSURANCE COMPANY LIMITED, OFFICE AT D.NO.43 A-2, JUMINADE ROAD, OPPOSITE TO B.S.N.L. OFFICE, NEAR POST OFFICE, TIRUCHIRAPPALLI CANTONMENT, TRICHY - 620 001.

... 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 Stay all further proceedings in pursuant to the award and decree made in MCOP No.118 of 2019 dated 20.01.2023 on the file of the Motor Accident Claims Tribunal/Additional Sub Court, Kumbakonam pending disposal of the above Civil Miscellaneous Appeal. 1/3

Prayer in CMA(MD). 891/ 2023 :

To allow this appeal, set aside the award and decree made MCOP No.118 of 2019 dated 20.01.2023 on the file of the Motor Accident Claims Tribunal/Additional Sub Court, Kumbakonam.

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.PRABHAKARAN, Advocate for the petitioner, while admitting the Civil Miscellaneous Appeal, the court made the following order:- Heard the learned counsel appearing for the petitioner/appellant. 2.There shall be an order of interim stay on condition that the petitioner/appellant deposits 25% of the award amount with proportionate accrued interest and costs to the credit of M.C.O.P.No.118 of 2019, on the file of the Motor Accident Claims Tribunal/Additional Sub Court, Kumbakonam within a period of eight 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/- 22/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

vsd TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL / ADDITIONAL SUBORDINATE JUDGE, KUMBAKONAM.

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+1 CC to M/s.P.PRABHAKARAN, Advocate ( SR-14053[I] dated 22/09/2023 )

ORDER

IN in CMA(MD) No.891 of 2023 Date :22/09/2023 RS/JGB/SAR-(27.09.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3