The Divisional Manager, v. S. Mani,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty First day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in CMA(MD) No.897 of 2022 THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, OFFICE AT NO. 19/1, FIRST FLOOR, KALPANA COMPLEX, BIRDS ROAD, TRICHY.

... Petitioner / Appellant Vs 1 S. MANI 2 A. PRAKASH ... 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 the operation of the Judgment and Decree passed in MCOP. No. 184/2019 on the file of motor Accident Claims Tribunal Chief Judicial Magistrate, Karur until the disposal of the above civil miscellaneous Appeal. Prayer in CMA(MD). 897/ 2022 :

Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act to allow this appeal and set aside the judgment and Decree dated 19.04.2022 made in M.C.O.P. No. 184/2019 on the file of the Motor Accident Claims Tribunal - Chief Judicial Magistrate Court, Karur 1/3

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.A.S.MATHIALAGAN, Advocate for the petitioner and of Mr.N.SUDHAGAR NAGARAJ, Advocate on behalf of the Respondent No.1, while admitting the civil miscellaneous appeal, the court made the following order:- This Court, vide order, dated 22.09.2022, granted an order of interim stay and allowed this petition on a condition that petitioner/appellant should deposit 50% of the award amount with proportionate interests and costs within a period of four weeks. But the petitioner did not comply with the condition of the order. 2.Hence, this Court is directing petitioner to deposit the admitted liability of Rs.11,10,255/-.

On such deposit the claimant is permitted to withdraw the same. Further, the petitioner is directed to deposit 50% of the disputed liability of Rs.10,00,000/-. The said deposits shall be made within a period of four weeks. On such deposits, there shall be an order of interim stay. sd/- 21/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TMG 2/3

To The Chief Judicial Magistrate, Motor Accident Claims Tribunal, Karur.

ORDER

IN in CMA(MD) No.897 of 2022 Date :21/02/2024 ED/ GS /SAR- (26/02/2024) 3P / 2 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3