The Branch Manager v. N.Mariyammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Ninth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CMA(MD) No.941 of 2023 THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD., D.NO.706, TENKASI ROAD(FIRST FLOOR) RAJAPALAYAM TOWN, VIRUDHUNAGAR DISTRICT.

... PETITIONER/APPELLANT Vs 1 N.MARIYAMMAL 2 RATHADEVI 3 RAMYA 4 RAGUNADEVI 5 RAMAR 6 K.RAMESH 7 RAJASRI SPINTEX (P) LTD., THROUGH ITS PROPRIETOR, D.NO.420, VAITHILINGAPURAM, KOTHANKULAM, SRIVILLIPUTHUR TALUK, VIRUDHUNAGAR DISTIRCT.

... 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 interim stay of all further proceedings pursuant to the judgment and decree dated 1/3

22.02.2023 made in MCOP.No.160 of 2019 on the file of the Motor Accident Claims Tribunal, Additional District Court (FAC), Srivilliputhur, pending disposal of the appeal.

Prayer in CMA(MD). 941/ 2023 :

To set aside the Judgment and decree made in MCOP.No.160 of 2019 dated 22.02.2023 on the file of the Motor Accident Claims Tribunal, Additional District Court (FAC), Srivilliputhur, 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 arguments of M/S.J.S.MURALI, 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 50% of the award amount with proportionate accrued interest and costs to the credit of M.C.O.P.No.

160 of 2019, on the file of the Motor Accidents Claims Tribunal, Additional District Court (FAC), Srivilliputhur, 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/- 29/09/2023 / TRUE COPY / 03/10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL / ADDITIONAL DISTRICT COURT (FAC), SRIVILLIPUTHUR.

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+1 CC to M/s.J.S.MURALI, Advocate ( SR-14385[I] dated 29/09/2023 )

ORDER

IN in CMA(MD) No.941 of 2023 Date :29/09/2023 RS//SAR-(03.10.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3