Cholamandalam Ms General Insurance Company Limited, v. E.Muthurani
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twelfth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in C.M.A.(MD) No.831 of 2023 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, OFFICE NO.DARE HOUSE 2ND FLOOR NO.2,NSC BOSE ROAD, CHENNAI.
... PETITIONER/APPELLANT Vs 1 E.MUTHURANI 2 MINOR.E.SAKKIAMMAL 3 MINOR E.ESAKKIPANDI 4 K.VELAMMAL A.GIRAHADURAI (DIED), 5.RAMAKRISHNAN, ... 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 the fair and decreetal order dated 19.03.2022 made in MCOP No. 1/3
526/2015 on the file of the Motor Accident Claims Tribunal, I Additional District Court, Thoothukudi pending disposal of the above CMA. Prayer in CMA(MD). 831/ 2022 :
Civil Miscellaneous Appeal Under Section 173 of Motor Vechile Act, to set aside the judgment and decree passed in MCOP.No.82 of 23014 on the file of the Motor Accident Claims Tribunal(Sub Court), Sivakasi dated 04-10-2017 and thus render justice.
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.R.SHIVASHANKARI, Advocate for the petitioner, while admitting the Civil Miscellaneous Appeal, the court made the following order:- Interim stay of the operation of the impugned fair and decreetal order dated 19.03.2022 made in M.C.O.P.No.526 of 2015 on the file of the Motor Accident Claims Tribunal (I Additional District Court), Thoothukudi, is granted on condition that the appellant Insurance Company shall deposit 50% of the award amount together with proportionate interest and cost, within a period of six weeks from the date of receipt of a copy of this order, failing which, the interim stay granted shall stand automatically vacated without further reference to this Court. sd/- 12/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
JEN TO THE I ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THOOTHUKUDI.
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COPY TO THE SECTION OFFICER,(CALL FOR THE RECORDS) VR RECORDS, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.R.SHIVA SHANKARI, Advocate ( SR-13557[I] dated 12/09/2023 )
ORDER
IN in C.M.A.(MD) No.831 of 2023 Date :12/09/2023 PKP/VR/SAR- /19.09.2023/ 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3