The Oriental Insurance Company Ltd., v. Prabhakaran

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 C.M.A(MD)No.909 of 2023 THE ORIENTAL INSURANCE COMPANY LTD.,, REP.THROUGH ITS BRANCH MANAGER, NO.39/40, SARATHA SHOPPING COMPLEX, WORKSHOP ROAD,SIMMAKKAL, MADURAI.

... PETITIONER/APPELLANT Vs 1 PRABHAKARAN 2 MUTHULAKSHMI ... 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 all proceedings in pursuant to the order dated 22.05.2023 passed in MCOP.No.63 of 2018 on the file of learned Motor Accident Claim Tribunal / Chief Judicial magistrate, Theni pending disposal of the appeal and thus render justice. Prayer in CMA(MD). 909/ 2023 :

Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act to set aside the Judgment and decree dated 22.05.2023 passed in MCOP.No.63 of 2018 on the file of learned Motor Accident Claim Tribunal / Chief Judicial magistrate, Theni and thus render justice.

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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.A.ILANGO, 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.63 of 2018, on the file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Theni, 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.

TTA TO THE MOTOR ACCIDENT CLAIM TRIBUNAL / CHIEF JUDICIAL MAGISTRATE, THENI 2/3

+1 CC to M/s.A.ILANGO, Advocate ( SR-14554[I] dated 03/10/2023 )

ORDER

IN in C.M.A(MD)No.909 of 2023 Date :29/09/2023 RK (03/10/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3