CMP(MD) No.6260 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Civil Appellate Jurisdiction )

Monday, the Twenty Fifth day of July Two Thousand and Twenty Two

PRESENT

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

and

The Hon`ble Mrs.Justice S.SRIMATHY

CMP(MD) No.6260 of 2022

IN

CMA(MD) No.715 of 2022

M/S.SHRIRAM GENERAL INSURANCE COMPANY LIMITED.,

REPRESENTED THROUGH ITS AUTHORIZED SIGNATORY,

E.8,RIICO,INDUSTRIAL AREA,SITA PURA,JAIPUR,

RAJASTHAN-302 022.

... PETITIONER/APPELLANT

Vs

1 VIJAYASAMUNDEESWARI

2 MINOR.PRATHANA

3 VICTOR

4 IRUTHAYAMARY

5 JEYA PRAKASH

6 ESWARAN

7 NATIONAL INSURANCE COMPANY LIMITED,

REPRESENTED THROUGH ITS AUTHORIZED

SIGNATORY,63,RASI PLAZA,2ND FLOOR,WEST

PRATHACHINAM ROAD,KARUR-639 002.

... RESPONDENTS/RESPONDENTS

(MINOR 2ND RESPONDENT REPRESENTED BY

HER MOTHER & NEXT FRIEDN, THE FIRST

RESPONDENT HEREIN)

Petition filed praying that in the circumstances stated

therein and in the affidavit filed therewith the High Court may be

pleased to pass an order of stay the operation of the judgment and

decree date 21-12-2021 passed in MCOP.No.190 of 2015 on the file of

the Motor Accident Claims Tribunal(Additional District Judge,

Dindigul.

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CMP(MD) No.6260 of 2022

Prayer in CMA(MD). 715/ 2022 :

Civil Miscellaneous Appeal Under Section 173 of Motor

Vechile Act, to set aside the judgment and decree date 21-12-2021

passed in MCOP.No.190 of 2015 on the file of the Motor Accident

claims Tribunal Additional District Judge,Dindigu by allowing this

appeal.

ORDER : This petition coming up for orders on this day, upon

perusing the petition and the affidavit filed in support thereof and

upon hearing the arguments of M/S.V.SAKTHIVEL, Advocate for the

petitioner, while admitting the CMA.,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.190 of 2015,

dated 21.12.2021, on the file of the Motor Accident Claims Tribunal

(Additional District Judge), Dindigul, on condition that the

petitioner / appellant deposits 50% of the award amount with accrued

interest and costs to the credit of M.C.O.P.No.190 of 2015, on the

file of the Motor Accident Claims Tribunal (Additional District

Judge), Dindigul, 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 Tribunal is directed to

transfer the said amount to the credit of C.M.A.(MD)No.715 of 2022

before the Indian Bank, Madurai Branch of Madras High Court,

Madurai, which amount shall be deposited by the Indian Bank in an

interest bearing account, till the disposal of the appeal.

sd/-

25/07/2022

/ TRUE COPY /

/07/2022

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

THE ADDITIONAL DISTRICT JUDGE,

MOTOR ACCIDENT CLAIMS TRIBUNAL

DINDIGUL.

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CMP(MD) No.6260 of 2022

COPY TO

THE BRANCH MANAGER,

INDIAN BANK,

MADURAI BRANCH OF MADRAS HIGH COURT,

MADURAI.

+1. C.C. to M/S.V.SAKTHIVEL Advocate SR.No.7679

ORDER

IN

CMP(MD) No.6260 of 2022

IN

CMA(MD) No.715 of 2022

Date :25/07/2022

RK/JM/SAR-III/29.