High Court allowed claimant's petition to withdraw 50% of deposited award and granted interim stay on voter company's petition despite expired extension deadline, as full deposit made before order.
Petitioner permitted to withdraw 50% of award with interest/costs; interim stay granted on decree pending appeal disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Tenth day of April Two Thousand Eighteen
PRESENT
The Hon`ble Mrs.Justice J.NISHA BANU
CMP(MD) Nos.1651 and 2913 of 2018 IN CMA(MD) No.831 of 2017
VEERACHAMY ... PETITIONER / 1st RESPONDENT IN CMP(MD)No.1651/18
THE BRANCH MANAGER BHARTI AXA GENERAL INSURANCE COMPANY LTD., NO.11 BRINDHAVAN ROAD, FAIR LANDS SALEM-16. ... PETITIONER / APPELLANT IN CMP(MD)No.2913/18
Vs
1 THE BRANCH MANAGER BHARTI AXA GENERAL INSURANCE COMPANY LTD., NO.11 BRINDHAVAN ROAD, FAIR LANDS SALEM-16. ... 1st RESPONDENT / APPELLANT IN CMP(MD)No.1651/18 1 VEERACHAMY ... 1st RESPONDENT/1st RESPONDENT IN CMP(MD)No.2913/18 2 AMUTHA THENMOZHI ... 2nd RESPONDENT/2nd RESPONDENT IN BOTH THE PETITIONS
PRAYER IN CMP(MD)No.1651/18:-
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioners herein to withdraw 50% of the amount deposited to the credit of MCOP 64 of 2014 on the file of Motor Accident Claims Tribunal/ Additional District Judge and Special Judge, Pudukkottai, pending disposal of the above Civil Miscellaneous Appeal.
Prayer in CMP(MD). 2913/ 2018 :
to extend the stay granted in C.M.P.(MD) No. 8935 of 2017, dated 04.10.2017 and thus render justice
ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon https://hcservices.ecourts.gov.in/hcservices/ hearing the arguments of MR.K.C.MANIYARASU, Advocate for the petitioner IN CMP(MD)No.1651/18 and respondent 1 in CMP(MD)
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No.2913/18 and of Mr.G.MARUTHIAH, Advocate on behalf of the Respondents IN CMP(MD)No.1651/18 and the petitioner IN CMP(MD) No.2913/18, R-2 set exparte, the court made the following order:-
C.M.P.(MD).No.1651 of 2018 has been filed by the claimant / 1st respondent seeking permission to withdraw 50% of the amount deposited by the appellant / Insurance Company. C.M.P.(MD).No.2913 of 2018 has been filed by the appellant / Insurance Company seeking to extend the time for depositing the entire award amount granted in C.M.P.(MD).No.8935 of 2017, vide order dated 04.10.2017, as a condition for grant of interim stay.
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/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE MOTOR ACCIDENT CLAIMS TRIBUNAL / ADDITIONAL DISTRICT JUDGE AND SPECIAL JUDGE, PUDUKKOTTAI
+1. C.C. to Mr.G.MARUTHIAH, Advocate SR.No.6064
GCG
JAM/16/04/2018/ PN /SAR 4 / 3P-3C
CMP(MD) Nos.1651 and 2913 of 2018 IN CMA(MD) No.831 of 2017
Date :10/04/2018
2 issues framed by the court
Whether to permit withdrawal of 50% of deposited award amount pending appeal disposal.
Whether to extend time limit for depositing award amount despite automatic vacancy clause.
Veerachamy
The Branch Manager, Bharti Axa General Insurance Company Ltd.
The Branch Manager, Bharti Axa General Insurance Company Ltd.
Veerachamy
Amutha Thenmozhi
J.Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
