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Madras High CourtCMP(MD)/11771/2023allowed

Reliance General Insurance Co. Ltd., v. V.Muthuraj,

2023-09-08Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI IN CMA(MD) No.835 of 2023 RELIANCE GENERAL INSURANCE CO. LTD.,, THROUGH ITS BRANCH MANAGER, HAVING ITS OFFICE AT NO.184/9B/7, V.V.D.MAIN ROAD, NEAR STATE BANK OF INDIA, TUTICORIN ....PETITIONER/APPELLANT Vs 1 V.MUTHURAJ, 2 M.MARIAPPAN ... 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 the operation of the judgment and decree dated 24.06.2022 made in MCOP No.2012 of 2018 on the file of the Motor Accident Claims Tribunal (I Additional District Judge), Tirunelveli pending disposal of the above Civil Miscellaneous Appeal. Prayer in CMA(MD). 835/ 2023 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to set aside the judgment and decree passed in MCOP No.2012 of 2018 on the file of the Motor Accident Claims Tribunal, I Additional District Judge, Tirunelveli dated 24.06.2022, and allow the Civil Miscellaneous Appeal. 1/3

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.K.R.SHIVASHANKARI, Advocate for the petitioner and of MR.A.SELVARAJ, Advocate on behalf of the 1st Respondent, while admitting the Civil Miscellaneous Appeal, the court made the following order:- Interim stay is granted 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.2012 of 2018, on the file of the Motor Accident Claims Tribunal, I Additional District Judge, Tirunelveli, on or before 13.10.2023, failing which, interim stay granted shall stand automatically vacated without further reference to this Court.

sd/- 08/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO THE I ADDITIONAL DISTRICT JUDGE TIRUNELVELI.

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COPY TO THE SECTION OFFICER,(CALL FOR RECORDS) VR SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADRUAI.

+1 CC to M/s.K.R.SHIVA SHANKARI, Advocate ( SR-13393[I] dated 08/09/2023 )

ORDER

IN IN CMA(MD) No.835 of 2023 Date :08/09/2023 PKP/VRS/SAR- /12.09.2023/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3