The Oriental Insurance Company Limited v. Shei Abdullah

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Thirty First day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI in CMA(MD) No.765 of 2023 THE ORIENTAL INSURANCE COMPANY LIMITED, THROUGH ITS BRANCH MANAGER, HAVING OFFICE AT NO.5/100 M-13, 1ST FLOOR, S.R.S.COMPLEX, TIRUCHENDUR MAIN ROAD, MUTHIAHPURAM, THOOTHUKUDI - 628 005, THOOTHUKUDI DISTRICT.

... PETITIONER/APPELLANT Vs 1 SHEIK ABDULLAH 2 MEGHARAJ NISHA 3 D.KARTHIKEYAN ... 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 judgment and decree dated 27-01-2023 in MCOP.No.9 of 2019, on the file of the Motor Accident Claims Tribunal cum Subordinate Judge, Ambasamudram till the disposal of the appeal.

Prayer in CMA(MD). 765/ 2023 :

To set aside the order of the Tibunal of MACT cum Subordinate Judge, Ambasamudram made in M.C.O.P.No.9 of 2019 dated 27-01-2023 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 1/3

arguments of M/S.C.JAWAHAR RAVINDRAN, Advocate for the petitioner, while admitting the Civil Miscellaneous Appeal, the court made the following order:- Heard the learned counsel appearing for the petitioner / appellant. 2.There shall be an order of interim stay on condition that the petitioner / appellant deposits a sum of Rs.43,00,000/- (Rupees Forty Three Lakhs only) with proportionate accrued interest and costs to the credit of M.C.O.P.No.9 of 2019, on the file of the Motor Accidents Claims Tribunal cum Subordinate Judge, Ambasamudram, 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/- 31/08/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

vsd TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL CUM SUBORDINATE JUDGE, AMBASAMUDRAM.

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ORDER

IN in CMA(MD) No.765 of 2023 Date :31/08/2023 RS/JGB/SAR-(25.10.2023) 3P 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3