Branch Manager v. Krishnaveni

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourteenth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CMA(MD) No.718 of 2023 THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD, D.NO. 103/B1, FIRST FLOOR, MADURAI ROAD, VIRUDHUNAGAR TOWN, VIRUDHUNAGAR. ... Petitioner / Appellant Vs 1 KRISHNAVENI 2 VELMURUGAN 3 RAMALAKSHMI 4 MAHALAKSHMI 5 RAJALAKSHMI 6 MARIAPPAN 7 RAJAKUMARI 8 BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD, USPTAIR OF PUVANESWARI PANDIAN COMPLEX, MADURAI ROAD, VIRUDHUNAGAR TOWN, VIRUDHUNAGAR. 9 VELAYUTHAM ... Respondents / Respondents (No relief sought against Respondents 7 & 8. Hence notice not necessary for Respondents 7 & 8) Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to stay the judgment and decree dated 17.01.2018 passed in MCOP No. 60/2014 on the file of the Motor Accidents Claims Tribunal (Additional District Court) Virudhunagar, pending disposal of the above Civil Miscellaneous Appeal. Prayer in CMA(MD). 718/ 2023 : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to set aside the judgment and decree dated 17.01.2018 passed in MCOP No. 60/2014 on the file of the Motor Accidents Claims Tribunal (Additional District Court) Virudhunagar. ORDER : This civil miscellaneous 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 I.ROBERT CHANDRAKUMAR, Advocate for the petitioner, while admitting the Civil Miscellaneous Appeal, the court made the following order:- The learned counsel for the petitioner/appellant submitted that the petitioner/appellant has already deposited the entire award amount with proportionate accrued interest and costs. But, he has not produced any proof for the same.

¶2Interim stay on condition that the appellant/Petitioner deposits the entire award amount with proportionate accrued interest and costs to the credit of M.C.O.P.No.60 of 2014, on the file of the Motor Accidents Claims Tribunal (Additional District Court) Virudhunagar, on or before 04.09.2023, if already not deposited, failing which, interim stay granted shall stand automatically vacated without further reference to this Court.

sd/-

14/08/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. TTA To The Additional District Judge, Motor Accident Claims Tribunal, Virudhunagar. Copy to: The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.I.ROBERT CHANDRA KUMAR, Advocate ( SR-12322[I] dated 16/08/2023 ) ORDER IN in CMA(MD) No.718 of 2023 Date :14/08/2023 ED/BUC/SAR- (25/08/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023