CMP(MD) No.2509 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Civil Appellate Jurisdiction )

Tuesday, the Tenth day of March Two Thousand Twenty

PRESENT

The Hon'ble Mr.Justice S.S.SUNDAR

and

The Hon'ble Mr.Justice C.SARAVANAN

CMP(MD) No.2509 of 2020

IN

CMA(MD) No.148 of 2020

1 THE MEDICAL OFFICER,

PRIMARY HEALTH CENTRE,

MALAIKOVILUR, ARAVAKKURICHI TALUK,

KARUR DISTRICT.

2 THE DISTRICT COLLECTOR,

KARUR.

... PETITIONERS/APPELLANTS

Vs

1 N.KANNAN

2 MINOR JUHI KANNAN

REP. BY NEXT FRIEND HER FATHER

N.KANNAN

3 K.PARVATHI

4 M.KANDAIAH

5 V.MARIYAPPAN ... RESPONDENTS/RESPONDENTS

Petition praying that in the circumstances stated therein

and in the affidavit filed therewith the High Court will be pleased

to stay all further proceedings of the Fair and Decreetal order

dated 23.10.2019 made in MCOP No.201 of 2013 on the file of Motor

Accident Claim Tribunal/ Principal District Judge, Karur, pending

disposal of the above CMA.

ORDER : This petition coming on for orders upon perusing the

petition and the affidavit filed in support thereof and upon hearing

the arguments of Mr.D.MURUGANANDAM, Additional Government Pleader

for the petitioners and of Mr.N.SUDHAGAR NAGARAJ, Advocate on behalf

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CMP(MD) No.2509 of 2020

of the Respondents, while admitting the Civil Miscellaneous Appeal,

the court made the following order:-

[Order of the Court made by S.S.SUNDAR, J.]

There shall be an order of interim stay of all further

proceedings in Award and Decree passed in M.C.O.P.No.201 of 2013,

dated 23.10.2019 on the file of the Motor Accidents Claims Tribunal,

Principal District Judge, Karur, on condition that the petitioners /

appellants deposit 60% of the award amount with accrued interest and

costs to the credit of M.C.O.P.No.201 of 2013, dated 23.10.2019 on

the file of the Motor Accidents Claims Tribunal, Principal District

Judge, Karur, within a period of eight weeks from the date of

receipt of a copy of this order, failing which, interim stay granted

shall stand automatically vacated without any reference to this

Court.

2.On such deposit being made, the claimants 1,3 and

4/respondents 1, 3 and 4 are permitted to withdraw their entire

share amount as apportioned by the Tribunal by filing appropriate

petition before the Tribunal. However, the share of the minor 2^nd

claimant/2^nd respondent shall be directed to deposit in any one of

the nationalised bank at Karur in an interest bearing account, till

the 2^nd claimant attains majority and the 1^st claimant, who is the

father of the 2^nd claimant is permitted to withdraw the interest once

in three months directly from the bank, after intimation to the

Tribunal.

Notice.

sd/-

10/03/2020

/ TRUE COPY /

/ /2020

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

THE DISTRICT JUDGE,

MOTOR ACCIDENT CLAIMS TRIBUNAL, KARUR.

+ 1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate ( SR-5120[I] dated

11/03/2020)

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 5065

ORDER IN

CMP(MD) No.2509 of 2020 IN

CMA(MD) No.148 of 2020

Date :10/03/2020

ARUL

TE/JC/SAR-III : 20/03/2020 : 2P/4C

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