The Claims Manager, v. 1. S. Prabhakaran (Died), 2. R. Rajeswari,
CMP(MD) No.10758 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Third day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CMP(MD) No.10758 of 2022 IN CMA(MD) No.1063 of 2022 THE CLAIMS MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, PLA. KANAGU TOWERS, 2ND FLOOR, THILLAI NAGAR 2ND LANE, TRICHY - 620 018. ... PETITIONER/APPELLANT Vs 1 S.PRABHAKARAN (DIED) 2 R. RAJESWARI ... RESPONDENTS/RESPONDENTS 3 MANICKA SELVI 4 LUNA JEBASHRI 5 CHRISTOPHER RAJAN ...RESPONDENTS 3 TO 5 (RESPONDENTS 3 TO 5 ARE BROUGHT ON RECORD AS LRS OF DIED R1, VIDE COURT ORDER DATED 24.06.2019 MADE IN CMP(MD)NO. 2710 & 2711/2018 IN CMP(MD)NO. 855/2018 IN CMA.
SR.52586/2018 BY JNBJ.) 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 fair and decreetal order dated 23.06.2017 made in MCOP. No. 159 of 2014 on the file of Motor Accident Claims Tribunal, (Chief Judicial Magistrate), Virudhunagar District at Srivilliputhur, pending disposal of the above Civil Miscellaneous Appeal.
Prayer in CMA(MD). 1063/ 2022 :
Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act to set aside the fair and decreetal order dated 23.06.2017 made in MCOP. No. 159 of 2014 on the file of Motor Accident Claims Tribunal, (Chief Judicial Magistrate), Virudhunagar District at Srivilliputhur and allow this Civil Miscellaneous Appeal and thus render justice.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and https://www.mhc.tn.gov.in/judis 1/2
CMP(MD) No.10758 of 2022 upon hearing the arguments of M/S.S.SRINIVASA RAGHAVAN, Advocate for the petitioner, while admitting the CMA., the court made the following order:- The learned counsel appearing for the appellant would submit that they are disputing the liability as well as the quantum of award fixed by the Tribunal.
2.Heard the learned counsel for the petitioner and also perused the records.
3.Considering the facts and circumstances of the case, there shall be an order of interim stay on condition that petitioner/appellant shall deposit the entire award amount together with interest and costs to the credit of M.C.O.P.No.159 of 2014 on the file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Virudhunagar District at Srivillipthur, within a period of four weeks from the date of receipt of a copy of this order, and on such deposit, since the only claimant had died subsequent to the award, the newly added respondents 3 to 5 are permitted to withdraw the 50 % of the deposited amount equally along with accrued interest and costs, on filing necessary application before the Tribunal. Notice.
sd/- 23/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
DAS TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL/ CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPTHUR.
+1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-13642[I] dated 24/11/2022 )
ORDER
IN CMP(MD) No.10758 of 2022 IN CMA(MD) No.1063 of 2022 Date :23/11/2022 RK/VR/SAR-3 (28/11/2022) 2P/3C https://www.mhc.tn.gov.in/judis 2/2