Madras High CourtCMP(MD)/787/2023allowed

M/S. The Oriental Insurance Company, v. V. Solaipandi,

2023-01-30Honourable Mrs Justice R. Tharani2 pages

CMP(MD)No.787 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Thirtieth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD)No.787 of 2023 in CMA(MD)No.66 of 2023 M/S. THE ORIENTAL INSURANCE COMPANY, THROUGH ITS BRANCH MANAGER, HAVING AT DOOR NO. 5/233, GUNDAR DIVISION STREET, NARAYANAPURAM, KAMUTHI, KAMUTHI TALUK, RAMANATHAPURAM DISTRICT. ... PETITIONER/APPELLANT Vs 1 V.SOLAIPANDI, 2 S.ADHILAKSHMI, 3 S.YOGESWARAN, ...RESPONDENTS/RESPONDENTS (RESPONDENT NO.3 GIVEN UP) 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 judgment and decree dated 26.04.2022 in M.C.O.P. No. 211/2019, on the file of the Motor Accident Claims Tribunal Cum Additional District Court, Sivagangai till the disposal of the appeal.

Prayer in CMA(MD). 66/ 2023 :

Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act to set aside the order of the Tribunal of MACT cum Additional District Court, Sivagangai made in M.C.O.P. No. 211/2019 dated 26.04.2022 and allow the appeal with costs. ORDER : This 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 C.JAWAHAR RAVINDRAN, Advocate for the petitioner, the court made the following order:- There shall be an order of Stay on condition that the petitioner/ appellant shall deposit 50 % of the award amount with https://www.mhc.tn.gov.in/judis 1/2

CMP(MD)No.787 of 2023 proportionate interests and costs, awarded in M.C.O.P.No.211 of 2019, on the file of the Motor Accident Claims Tribunal cum Additional District Court, Sivagangai, within a period of four weeks from the date of this order, after deducting the amount already deposited by him, to the credit of M.C.O.P.No.211 of 2019, on the file of the Motor Accident Claims Tribunal cum Additional District Court, Sivagangai, failing which, stay granted shall stand automatically dismissed.

2. This Petition is allowed accordingly.

sd/- 30/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO THE ADDITIONAL DISTRICT JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL, SIVAGANGAI.

ORDER

IN CMP(MD)No.787 of 2023 in CMA(MD)No.66 of 2023 Date :30/01/2023 PKP/ /SAR-3/06.02.2023/2P/2C https://www.mhc.tn.gov.in/judis 2/2