Civil Miscellaneous Petitions sought interim stay of proceedings in Motor Accidents Claims Tribunal cases. The Court converted a conditional stay into an absolute order following compliance by the insurer with the deposit condition.
Conditional interim stay order dated 07.02.2017 made absolute upon compliance with deposit condition.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Tuesday, the Fifteenth day of September Two Thousand Twenty
PRESENT
THE HON`BLE MR JUSTICE R. MAHADEVAN
CMP Nos.1053, 1095 & 1981 of 2017
IN CMA.Nos.164, 165 & 276/2017
BHARATI AXA GENERAL INSURANCE [PETITIONER IN ALL THE PETITION]
CO.LTD,IST FLOOR,FERNS ICON,
SURVEY NO.28,
THOTTANAKUNDI VILLAGE,
K.R.PURAM,HOBLI,
BANGALORE-37
Vs
1 MANJULA, [1 TO 3 RESPONDENT IN CMP
No.1053/17 IN CMA.No.164/17]
2 THANGAMMAL,
3 MAHENDRAN,
1 MANJULA, [1 TO 4 RESPONDENT IN CMP
No.1095/17 IN CMA.No.165/17]
2 MINOR SRISANTH
S/O LATE MURUGESAN,
REP BY HIS NEXT FRIEND AND HIS
MOTHER MANJULA 1ST RESPONDENT
3 THANJAMMAL
4 MAHENDRAN
1 THANGAMMAL [1 TO 6 RESPONDENT IN CMP
No.1981/17 IN CMA.No.276/17]
2 MUNIAMMAL
3 VIJAY
4 SOWMIYA
5 MANGAI
6 MAHENDRAN
Petitions praying that in these circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to
i) To grant interim stay of all further proceedings pursuant to the Common Judgment and Decree dated 24/02/2016 made in MCOP.No.1982 of 2014 on the file of the Motor Accidents Claims Tribunal (Special District Judge), Dharmapuri, in (CMP No.1053/17 IN CMA.No.164/17)and;
ii) To grant interim stay of all further proceedings pursuant to the Common Judgment and Decree dated 24/02/2016 made in MCOP.No.1980 of 2014 on the file of the Motor Accidents Claims Tribunal (Special District Judge), Dharmapuri in (CMP No.1095/17 IN CMA.No.165/17)and;
iii)To grant interim stay of all further proceedings pursuant to the common judgment and decree dated 24/02/2016 made in MCOP NO. 1981/2014 on the file of the Motor Accident Claims Tribunal Special District Judge, Dharmapuri, in (CMP No.1981/17 IN CMA.No.276/17)respectively.
Order : These petitions coming on for orders upon perusing the petition and the respective affidavit filed in support thereof and upon hearing the arguments of M/S.SRINIVASAN RAMALINGAM, Advocate for the petitioner in all the petition and of M/S M.SELVAM for the Respondents in all the petitions and behalf the court made the following order:-
This Court, by order dated 07.02.2017, granted an order of interim stay on condition to deposit 50% award amount by the appellant / insurance company, within a period of three weeks.
3.In view of the above, interim order already granted is made absolute and these Civil Miscellaneous Petitions are ordered accordingly.
Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO
THE SPECIAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARMAPURI.
C.C. to M/S.SRINIVASAN RAMALINGAM Advocate
C.C. to M/S.M.SELVAM Advocate on
Order
in
CMP Nos.1053, 1095 & 1981 of 2017
in
CMA.Nos.164, 165 & 276/2017
Date :15/09/2020
From 26.2.2001 the Registry is issuing certified
copies of the Interim Orders in this format
ADD 20.02.2017
RRI 25/09/2020 (P)
BHARATI AXA GENERAL INSURANCE CO.LTD
MANJULA
THANGAMMAL
MAHENDRAN
R. MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
