IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction )

Friday, the Twenty Fourth day of September Two Thousand Twenty One

PRESENT

THE HON`BLE MR.JUSTICE ABDUL QUDDHOSE

CMA.No.2669 of 2021

and CMP.No.15260 of 2021

UNITED INDIA INSURANCE CO.LTD., [ APPELLANT/PETITIONER ]

NO.99-100 SOUTH CAR STREET,

CHIDAMBARAM, CUDDALORE DISTRICT.

Vs

1 SENTHIL KUMAR [ RESPONDENTS/RESPONDENTS ]

2 VIJAY

The Civil Miscellaneous Appeal Under Section 173 of the Motor

Vechiles Act, 1988 against to set aside the Decree and Judgment

passed in M.C.O.P.No.163 of 2017 dated 10.11.2020 Learned Motor

Accident Claims Tribunal (Subordinate Judge), Jeyamkondam and be

pleased to dismiss the above claim (in CMA.No.2669 of 2021) and;

ii)

To Stay the operation of the Judgment and Decree passed in

M.C.O.P.No.163 of 2017 dated 10.11.2020 on the file of the Learned

the Motor Accident Claims Tribunal (Subordinate Judge), Jeyamkondam

(in CMP.No.15260 of 2021) pending disposal of the above CMA.No.2669

of 2021.

Order : This petition coming on for orders upon perusing

the petition and the affidavit filed in support thereof and upon

hearing the arguments of M/S.J.CHANDRAN, Advocate for the

Appellant/Petitioner the court made the following order:-

Notice to the respondents returnable by 12.11.2021. Private

notice is also permitted.

2. The Appellant Insurance Company has challenged the impugned

award questioning its liability to pay compensation on the ground

that FIR has been registered only against the first

respondent/claimant.

https://hcservices.ecourts.gov.in/hcservices/

3. This Court is inclined to grant an order of interim stay.

Accordingly, there shall be an order of interim stay as prayed for in

CMP.No.15260 of 2021 on condition that the Appellant deposits 50% of

the amount apportioned on the Appellant to the credit of MCOP.No.163

of 2017 on the file of the Motor Accident Claims Tribunal,

Subordinate Judge, Jeyamkondam within a period of four weeks from the

date of receipt of a copy of this order, failing which, the interim

order granted shall stand automatically vacated.

4. Post the matter on 12.11.2021.

-sd/-

24/09/2021

/ TRUE COPY /

Sub-Assistant Registrar ( Statistics / C.S. )

High Court, Madras - 600 104.

TO

1 THE SUBORDINATE JUDGE,

MOTOR ACCIDENT CLAIMS TRIBUNAL,

JEYAMKONDAM.

C.C. to M/S.J.CHANDRAN, Advocate SR.NO.5456/2021

Order

in

CMA.No.2669 of 2021

and CMP.No.15260 of 2021

Date :24/09/2021

From 26.2.2001 the Registry is issuing certified

copies of the Interim Orders in this format

PA (28/09/2021)

https://hcservices.ecourts.gov.in/hcservices/