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Madras High CourtCMP(MD)/12312/2023allowed

The Managing Director, v. Pandiammal,

2023-09-20Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twentieth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI and CMA(MD) No.867 of 2023 THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION LTD., KUMBAKONAM DIVISION-2, PERIYAMILAGUPARAI, TRICHY.

... PETITIONERS/APPELLANT/RESPONDENT Vs 1 PANDIAMMAL 2 T.KARUPPAIYA ... RESPONDENT/RESPONDENT/PETITIONERS Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order of stay the operation of Order and decree dated 14-09-2022 made in MCOP.No.11 of 2020 on the file of the Motor Accident Claim Tribunal/The Learned Sub Judge, thuraiyur pending disposal of this appeal. Prayer in CMA(MD). 867/ 2023 :

To allow this appeal by set aside the Order and decree dated 14-09-2022 made in MCOP.No.11 of 2020 on the file of the Motor Accident Claim Tribunal/The Learned Sub Judge, Thuraiyur.

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.K.RAMAIAH, Advocate for the petitioner and of MR.D.BOOPAL, 1/3

Advocate on behalf of the 1st Respondent, while admitting the Civil Miscellaneous Appeal, the court made the following order:- Heard and perused the records.

2.Considering the facts and circumstances, there shall be an order of interim stay on condition that the petitioner / appellant shall deposit the admitted liability of Rs.13,82,800/- (Rupees Thirteen Lakhs Eighty Two Thousand and Eight Hundred only) together with proportionate interest and costs, to the credit of MCOP No.11 of 2020 on the file of the Motor Accidents Claims Tribunal / Subordinate Judge, Thuraiyur within a period of eight weeks from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically without any further reference to this Court.

sd/- 20/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL / SUBORDINATE JUDGE, THURAIYUR.

+1 CC to M/s.K.RAMAIAH, Advocate ( SR-14065[I] dated 22/09/2023 ) 2/3

ORDER

IN and CMA(MD) No.867 of 2023 Date :20/09/2023 RS/GB/SAR-(26.09.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3