Manager, v. Malaiyammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourteenth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI CMP(MD) No.9937 of 2023 in CMA(MD)No.724 of 2023 MANAGER, IFFCO-TOKIO GENERAL INSURANCE COMPANY LIMITED, TULSI CHAMBERS, 3RD FLOOR, NO.195, T.V.SWAMI ROAD (W), R.S.PURAM, COIMBATORE 641 002 ... PETITIONER/APPELLANT Vs 1 MALAIYAMMAL 2 RAMASAMY 3 JANAKIRAMAN 4 KRISHNAMOORTHY 5 DHILIPKUMAR ... 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 pass an order of stay the operation of the judgment dt. 2nd August 2022 passed in MCOP No.14 of 2021 on the file of the Motor Accident Claims Tribunal Judge/Principal District Judge of Karur.

Prayer in CMA(MD). 724/ 2023 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to set aside the judgment and decree dated 2nd August 2022 passed in MCOP No.14 of 2021 on the file of the Motor Accident Claims Tribunal Judge/Principal District Judge of Karur by allowing this appeal.

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.V.SAKTHIVEL, Advocate for the petitioner and of Mr.T.SURESH KUMAR, Advocate on behalf of the Respondents 1 to 4 and Mr.K.NAGARAJAN, Advocate for the 5th respondent while admitting the CMA., the Court made the following order:- Interim stay is granted on condition that the petitioner/appellant deposits 75% of the award amount with proportionate accrued interest and costs to the credit of M.C.O.P.No.14 of 2021, on the file of the Motor Accidents Claims Tribunal Judge/ Principal District Judge, Karur, on or before 13.09.2023, failing which, interim stay granted shall stand automatically vacated without further reference to this Court. sd/-/- 14/08/2023 / TRUE COPY / 16/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

Copy to:

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

+1 CC to M/s.V.SAKTHIVEL, Advocate ( SR-12259[I] dated 14/08/2023 )

ORDER

IN CMP(MD) No.9937 of 2023 in CMA(MD)No.724 of 2023 Date :14/08/2023 SS/16/08/2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023