The Oriental Insurance Co Ltd v. Chendu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the First day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI CMP(MD) No.11233 of 2023 in CMA(MD)No.794 of 2023 THE ORIENTAL INSURANCE CO LTD BRANCH OFFICE,NO.16/18, SUBBAMMAL STREET, NEAR ADHIPARASAKTHI TEMPLE, AYYASAMY LAYOUT, MAHALINGAPURAM, POLLACHI.

... PETITIONER/APPELLANT Vs 1 CHENDU 2 KARTHIKEYAN 3 ARUMUGA SELVI 4 NAMBIRAJAN ... 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 all further proceedings in the order dated 24/04-2023 in MCOP No.1243/2022 on the file of Motor Accident Claims Tribunal cum Principal District Judge, Tirunelveli till the disposal of this appeal.

Prayer in CMA(MD). 794/ 2023 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to set aside the order of the Motor Accidents Claims Tribunal cum Principal District Judge, Tirunelveli dated 24/04/2023 made in MCOP 1243/2022 and allow this appeal with cost.

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.E.CHANDRASEKARAN, Advocate for the petitioner while admitting the Civil Miscellaneous Appeal., the Court made the following order:- Heard the learned counsel for the petitioner/appellant. 2.There shall be an order of interim stay on condition that the petitioner/appellant deposits the entire award amount with proportionate accrued interest and costs to the credit of M.C.O.P.No.1243 of 2022, on the file of the Motor Accidents Claims Tribunal cum Principal District Judge, Tirunelveli, 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/- 01/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD

TO THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUNELVELI. COPY TO:

THE SECTION OFFICER, VR SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.E.CHANDRASEKARAN, Advocate ( SR-13075[I] dated 01/09/2023 )

ORDER

IN CMP(MD) No.11233 of 2023 in CMA(MD)No.794 of 2023 Date :01/09/2023 SS/VRS/05/09/2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023