The Manager v. Periyanayagam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Nineteenth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI CMP(MD) No.12368 of 2023 in CMA(MD)No.870 of 2023 THE MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, KAR TOWERS, 2ND FLOOR, MUNICIPAL CORPORATION OFFICE BACKSIDE, R.S.ROAD, DINDIGUL - 624 001.

... PETITIONER/APPELLANT Vs 1 PERIYANAYAGAM 2 ANGALAESWARI 3 ANGUSAMY 4 ANGURAJA 5 MURUGESAN 6 THIRUPATHI 7 BACKIYALAKSHMI 8 KRISNAMOORTHY

RAMACHANDRAN (DIED) 9 GOPINATH 10 MOHAMED RAFEEK 11 RAMUKALAI ... 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 award dated 01-12-2022 made in M.C.O.P.No.103 of 2017 on the file of the Motor Accident Claims Tribunal, Principal District Court, Dindigul pending disposal of the appeal. Prayer in CMA(MD). 870/ 2023 :

Civil Miscellaneous Petition filed under Section 173 of Motor Vehicle Act to set aside the award passed in M.C.O.P.No.103 of 2017 dated 01-12-2022 on the file of the Motor Accident Claims Tribunal, Principal District Court, Dindigul 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:- Heard and perused the records.

2. Considering the facts and circumstances, there shall be an order of interim stay on condition that the petitioner / appellant shall deposit 50% of the award amount together with proportionate interest and costs, to the credit of MCOP No.103 of 2017 on the file of the Motor Accidents Claims Tribunal / Principal District Court, Dindigul, within a period of six weeks from the date of receipt of a copy of this

order, failing which, this petition shall stand dismissed automatically without any further reference to this Court.

sd/- 19/09/2023 / TRUE COPY / 21/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, DINDIGUL.

COPY TO:

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

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

+1 CC to M/s.J.S.MURALI, Advocate ( SR-13878[I] dated 20/09/2023 )

ORDER

IN CMP(MD) No.12368 of 2023 in CMA(MD)No.870 of 2023 Date :19/09/2023 SS/21/09/2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023