United India Insurance Company Limited v. Gurusamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Ninth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CMA(MD) No.939 of 2023 UNITED INDIA INSURANCE COMPANY LIMITED, D.NO. 7A, PANDIYAN BUILDING, WEST VELI STREET, MADURAI.

... PETITIONER/APPELLANT Vs 1 GURUSAMY 2 RAMALAKSHMI 3 P.K.MOOKANAMBALAM AND CO NO. 21, JAWAHAR STREET, GANDHI NAGAR, MADURAI - 625 020.

... 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 Interim Stay of all further proceedings pursuant to the Award dated 24.08.2022 made in MCOP No.118 of 2019 on the file of the Motor Accidents Claims Tribunal, Special District Court to deal with Motor Accident Cases, Madurai, pending disposal of the appeal.

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Prayer in CMA(MD). 939/ 2023 :

To set aside the award passed in MCOP No.118 of 2019 dated 24.08.2022 on the file of the Motor Accidents Claims Tribunal, Special District Court to deal with Motor Accident Cases, Madurai and allow the appeal with costs. 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.J.S.MURALI, Advocate for the petitioner and of MR.D.SRINIVASA RAGHAVAN, Advocate on behalf of the Respondent Nos.1 & 2, while admitting the Civil Miscellaneous Appeal, the court made the following order:- Interim stay on condition that the Petitioner/appellant to deposit 50% 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 Accidents Claims Tribunal, Special District Court to deal with Motor Accident Cases, Madurai, 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/- 29/09/2023 / TRUE COPY / 03/10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tta TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, SPECIAL DISTRICT COURT TO DEAL WITH MOTOR ACCIDENT CASES, MADURAI.

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+1 CC to M/s.J.S.MURALI, Advocate ( SR-14384[I] dated 29/09/2023 )

ORDER

IN in CMA(MD) No.939 of 2023 Date :29/09/2023 RS//SAR-(03.10.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3