IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction )

Monday, the Thirtieth day of November Two Thousand Twenty

PRESENT

The Hon`ble Mr Justice V.BHARATHIDASAN

CMA No.1747 of 2020

AND CMP.NO.12838 OF 2020

CHOLAMANDALAM MS GENERAL [APPELLANT IN BOTH THE APPEALS / PETITIONS ]

INSURANCE CO LTD, REP BY ITS

BRANCH MANAGER

SUN SRINE PLAZA

RAMALINGAPURAM

NELLORE

ANDHRA PRADESH.

Vs

1 VARALAKSHMI [ RESPONDENTS IN BOTH THE APPEALS ]

2 MINOR SRAVANI

D/O.LATE SUBRAMANIYAM,

(MINORS R2-R4 ARE REP BY THEIR

N F/GUARDIAN MOTHER 1ST

RESPONDENT),

3 MINOR SAI SUPRIYA

D/O.LATE SUBRAMANIYAM

4 MINOR SOMASEKAR

S/O.LATE SUBRAMANIYAM

5 MUNEMMA

6 MUNUSAMY

7 D.P.RAGHAVAN

The Civil Miscellaneous Appeal Under Section 173 of the

Motor Vechiles Act, 1988 against the Judgment and Decree dated

20.02.2020 in MCOP No.480 of 2018 on the file of the Motor Accident

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

Claims Tribunal (Special District Judge) at Krishnagiri. (in

CMA.1747/2020) and;

(ii) to grant stay all further proceedings in pursuant to the

Judgment and Decree dated 20.02.2020 in MCOP No.480 of 2018 on the

file of Motor Accident Claims Tribunal (Special District Judge) at

Krishnagiri (in CMP.NO.12838/2020) pending disposal of the above

Appeal 1747/2020 respectively.

Order : These petitions coming on for orders upon

perusing the appeals and the respective affidavits filed in support

thereof and upon hearing the arguments of R.SREE VIDHYA, Advocate for

the appellant/petitions the court made the following order:-

Notice to the respondents returnable by 21.12.2020. Private

notice is also permitted.

2. Mrs.R.Sree Vidhya, learned counsel appearing for appellant

would submit that at the time of accident, the offending vehicle did

not have fitness certificate and also it does not have a permit. To

prove the same, the Insurance Company has examined Junior Assistant,

in R.T.O. Office as R.W.1 and also marked four documents. Hence, it

is a clear violation of policy condition. However, the Tribunal had

fixed the entire liability on the insurance company without even

ordering pay and recovery.

3. Considering the above circumstances, there shall be an order

of interim stay on condition that the Appellant shall deposit the 50%

of the award amount along with interest to the credit of MCOP No.480

of 2018 on the file of the Motor Accident Claims Tribunal, Special

District Judge, Krishnagiri on or before 18.12.2020. If the

appellant fails to comply with the condition, the stay granted shall

stand automatically vacated without any further reference to this

Court.

4. Post the matter on 21.12.2020.

-sd/-

30/11/2020

/ TRUE COPY /

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

High Court, Madras - 600 104.

TO

THE SPECIAL DISTRICT JUDGE,

MOTOR ACCIDENT CLAIMS TRIBUNAL,

KRISHAGIRI.

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

Order

in

CMA.1747/2020

AND CMP.NO.12838 OF 2020

Date :30/11/2020

From 26.2.2001 the Registry is issuing certified

copies of the Interim Orders in this format

SDR 02/12/2020

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