The Manager, v. Mangayarkarasi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Ninth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI IN CMA (MD) No.770 of 2023 THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD., 141/3, FIRST FLOOR, NEW BY-PASS ROAD, M.P.SHARATHI NAGAR, VELLORE - 633 012.

... PETITIONER/APPELLANT Vs 1 MANGAYARKARASI 2 MINOR. SAISHREE, 3 MALLIKA, 4 SUBRAMANI, (MINOR 2ND RESPONDENT IS REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN, THE 1st RESPONDENT MANGAYARKARASI) 5 ELIZABETH, ... RESPONDENTS/RESPONDENTS 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 1/3

further proceedings pursuant to the Award dated 08.03.2023 made in M.C.O.P.No.528 of 2021 on the file of the Motor Accidents Claims Tribunal, Principal District Court, Karur pending disposal of the appeal. Prayer in CMA(MD). 770/ 2023 :

Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act to set aside the Award made in M.C.O.P.No.528 of 2021 dated 08.03.2023 on the file of the Motor Accidents Claims Tribunal, Principal District Court, Karur and allow the appeal with costs and thus render justice.

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, While admitting the Civil Miscellaneous Appeal, the court made the following order:- Interim stay is granted on condition that the Petitioner/Appellant deposits 50% of the award amount with proportionate accrued interest and costs to the credit of M.C.O.P.No.528 of 2021, on the file of the Motor Accident Claims, Principal District Court, Karur, 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/- 29/08/2023 / TRUE COPY / 31/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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SN TO THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, KARUR.

COPY TO:

1 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.(CALL FOR RECORDS) 2 THE SECTION OFFICER V.R.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.(CALL FOR RECORDS) +1 CC to M/s.J.S.MURALI, Advocate ( SR-12940[I] dated 30/08/2023 )

ORDER

IN IN CMA (MD) No.770 of 2023 Date :29/08/2023 SA/VR/SAR. /31.08.2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3