Madras High CourtCMP(MD)/865/2023allowed

The Branch Manager v. P.Chandran

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

CMP(MD) No.865 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.865 of 2023 IN CMA(MD) No.78 of 2023 THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LIMITED, D.NO.3321/12, ANUSUYA COMPLEX,PANDIAN NAGAR, MALLANGINARU ROAD, VIRUDHUNAGAR TOWN, VIRUDHUANGAR DISTRICT. ... PETITIONER/APPELLANT Vs 1 P.CHANDRAN 2 C.SUBBULAKSHMI RATHINAM, 3 PANDI, ... RESPONDENTS/RESPONDENTS 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 28-07-2022 made in MCOP.No.131 of 2016 on the file of the Motor Accidents Claims Tribunal, Additional District Court, Virudhunagar pending disposal of the appeal.

Prayer in CMA(MD). 78/ 2023 :

To set aside the Award in MCOP.No.131 of 2016 dated 28-07-2022 on the file of the Motor Accidents Claims Tribunal, Additional District Court, Virudhunagar 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.J.S.MURALI, Advocate for the petitioner, While admitting the CMA., 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 proportionate interests and costs, awarded in M.C.O.P.No.131 of 2016, on the file of the Motor Accident Claims Tribunal - Additional https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.865 of 2023 District Court, Virudhunagar, 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.131 of 2016, on the file of the Motor Accident Claims Tribunal - Additional District Court, Virudhunagar, 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, VIRUDHUNAGAR.

+1. C.C. to M/S J.S.MURALI Advocate SR.No.1454

ORDER

IN CMP(MD) No.865 of 2023 IN CMA(MD) No.78 of 2023 Date :30/01/2023 SA/SSS/SAR.1/06.02.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2