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Madras High CourtCMP(MD)/11477/2023allowed

M/S.National Insurance Company Limited v. P.Umaya Raj

2023-09-05Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fifth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI CMP(MD) No.11477 of 2023 IN CMA(MD) No.810 of 2023 M/S.NATIONAL INSURANCE COMPANY LIMITED, 1ST FLOOR, NO.135-1, ROSE BUILDING, MAIN ROAD, KOVILPATTI, TUTICORIN.

... PETITIONER/APPELLANT Vs 1 P.UMAYA RAJ 2 R.ANBUKKARASAN ... 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 grant an order of interim stay of all further proceedings against the award passed in M.C.O.P.No.16 of 2022 on the file of MACT / Subordinate Judge, Thiumangalam. Prayer in CMA(MD). 810/ 2023 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act to set aside the judgment and decree dated 13-04-2023 passed in M.C.O.P.No.16 of 2022 on the file of MACT / Subordinate Judge, Thirumangalam. 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.P.MALINI, Advocate for the petitioner while admitting the Civil Miscellaneous Appeal., the Court made the following order:-

Interim stay on condition that the Petitioner/appellant to deposit the entire award amount with proportionate accrued interest and costs to the credit of M.C.O.P.No.16 of 2022, on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Thiumangalam, 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/- 05/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO THE SUBORDINATE JUDGE /MOTOR ACCIDENT CLAIMS TRIBUNAL, THIRUMANGALAM.

COPY TO:

THE SECTION OFFICER, V.R. SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.P.MALINI, Advocate ( SR-13231[I] dated 05/09/2023 )

ORDER

IN CMP(MD) No.11477 of 2023 IN CMA(MD) No.810 of 2023 Date :05/09/2023 SS/JGB/12/09/2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023