M/S. United India Insurance Company Limited, v. Minor. Kavya,

CMP(MD) No.7634 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fifth day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CMP(MD)No.7634 of 2022 in CMA(MD).No.513 of 2022 M/S. UNITED INDIA INSURANCE COMPANY LIMITED, REPRESENTED BY ITS REGIONAL MANAGER, KANDASAMY SHOPPING COMPLEX CHITRAKOTTAM, NO. 144B, KALPANA ROAD, UDUMALAIPETTAI. ... PETITIONER/PETITIONER/APPELLANT Vs 1 MINOR. KAVYA (MINOR IS REPRESENTED BY HER NEXT FRIEND AND NATURAL GUARDIAN/MOTHER UMA MAHESWARI) 2 CHANDRAN ... RESPONDENS/RESPONDENTS/RESPONDENTS (2ND RESPONDENT IS NOT A NECESSARY PARTY FOR ADJUDICATION, NOTICE DISPENSED WITH) Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to extend the time for complying the stay order made in C.M.P.(MD) No. 4545 of 2022 in C.M.A. (MD). No. 513 of 2022 dated 10.06.2022.

Prayer in CMA(MD).513/2022 :

Civil Miscellaneous Petition filed under section 173 of Motor Vehicles Act to set aside the Judgment and decree made in M.C.O.P. No. 231 of 2019 dated 07.09.2021 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Karur and allow the appeal with costs.

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.J.S.MURALI, Advocate for the petitioner, the court made the following order:- https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.7634 of 2022 The Civil Miscellaneous Appeal has been filed seeking orders to extend the time for complying the stay order passed in CMP(MD) No.4545 of 2022 in CMA(MD)No.513 of 2022, dated 10.06.2022, wherein the petitioner was directed to deposit 50% of the award amount with proportionate interest and costs on or before 15.07.2022 to the credit of M.C.O.P.No.231 of 2019 on the file of the Motor Accident Claims Tribunal-Chief Judicial Magistrate, Karur. 2.The learned counsel for the petitioner would submit that they were not in a position to comply the earlier order of this Court, dated 10.06.2022 within time stipulated, but within a week thereafter, they have deposited the amount. However, the Tribunal has not accepted the same, since the amount was not deposited within the time frame as directed by this Court and therefore, he seeks extension of time.

3.Considering the reasons assigned and also the fact that the amount was already deposited, this Court is inclined to grant further ten days time from the date of the earlier order of this Court.

4. Accordingly, this petition is ordered.

sd/- 05/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL, KARUR.

+1. C.C. to M/S.J.S.MURALI Advocate SR.No.9655

ORDER

IN CMP(MD)No.7634 of 2022 in CMA(MD).No.513 of 2022 Date :05/09/2022 RK/SVR/SAR-I (09/09/2022) 2P/3C https://www.mhc.tn.gov.in/judis 2/2