IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction )

Tuesday, the Twenty Second day of December Two Thousand Twenty

PRESENT

The Hon`ble Mr Justice V.BHARATHIDASAN

CMA No.1928 of 2020

IN CMP.NO.14229 of 2020

THE BRANCH MANAGER [APPELLANT IN BOTH THE APPEALS/PETITIONS]

M/S.RELIANCE GENERAL INSURANCE CO.LTD.,

RELIANCE HOUSE, 6TH FLOOR,

NO.6, HADDOWS ROAD,

CHETPET, CHENNAI 6.

Vs

1 B.DEEPA [ RESPONDENTS IN BOTH THE APPEALS ]

2 MINOR SACHIN

S/O.LATE. BABU

3 MINOR POORNIMA

D/O.LATE. BABU

4 SAMINATHAN

5 S.KALA

The Civil Miscellaneous Appeal Under Section 173 of the

Motor Vechiles Act, 1988 against the judgment and decree dated

16.04.2019 made in MCOP.No.638 of 2016 on the file of the Motor

Accidents Claims Tribunal, Disrict and Sessions Court, Additional

District Court(FTC), Kanchipuram. (in CMA.1928/2020)and;

(ii) to grant stay of execution of the decree dated 16.04.2019

made in MCOP.No.638 of 2016 on the file of the Motor Accidents Claims

Tribunal, District and Sessions Judge, Additioal District Court(FTC),

Kanchipuram. (in CMP.No.14229/2020) in AS.No.1928/2020 respectively.

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

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.S.ARUN KUMAR, Advocate for the appellant

in both the appeals/petitions the court made the following order:-

Notice to the respondents returnable by 25.01.2021. Private notice

is also permitted.

2. The learned counsel appearing for the appellant would submit

that it is a case of fatal accident. According to him, as per their

record, the policy was issued on 13.10.2008 vide Policy

No.12037823343001868 for the period from 13.10.2008 to 12.10.2009 and

on the date of accident, i.e., on 12.10.2008, there is no valid

Insurance Policy. However, the claimant produced a fake policy under

Ex.P.7 as if the policy was came into force on 10.10.2008 and would

expire in the midnight of 09.10.2009. Even though the Insurance

Company contested the matter stating that there is no valid policy at

the time of accident, the Tribunal, without considering the same,

fixed the liability on the Insurance Company.

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

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

the amount awarded by the Tribunal together with interest as on date

to the credit of MCOP No.638 of 2016 on the file of the Motor

Accidents Claims Tribunal, District and Sessions Court, Additional

District Court (FTC), Kanchipuram, on or before 25.01.2021. If the

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

stand automatically vacated without any further reference to this

Court.

Post on 25.01.2021.

-sd/-

22/12/2020

/ TRUE COPY /

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

High Court, Madras - 600 104.

TO

THE DISTRICT AND SESSIONS JUDGE, ADDL.DISTRICT COURT(FTC)

MOTOR ACCIDENTS CLAIMS TRIBUNAL,

(FTC), KANCHIPURAM.

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

C.C. to M/S.S.ARUN KUMAR Advocate SR.NO.6502

Order

in

CMA.1928/2020

in CMP.NO.14229/2020

Date :22/12/2020

From 26.2.2001 the Registry is issuing certified

copies of the Interim Orders in this format

SDR 30/12/2020

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