The court converted the interim stay order on execution of the motor accident decree into an absolute order upon the appellant's compliance with the earlier condition to deposit 50% of the compensation amount along with interest. This miscellaneous petition was disposed of accordingly.
Interim stay order made absolute; petition allowed.
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CMP.No.14622 of 2017 in CMA.No.2649 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.07.2020
CORAM:
THE HON'BLE MR. JUSTICE R.MAHADEVAN
CM.P.No.14622 of 2017 in
C.M.A.No.2649 of 2017
United India Insurance Co. Ltd
G-2 Sarojini Building, Nair Nagar,
Vridhachalam 606 001
Cuddalore District ... Petitioner/
Appellant
Vs
1. Saraswathi
2. Narayanasamy
3. T.Ramamoorthy ... Respondents/
Respondents
C.M.P.No.14622 of 2017:- Civil Miscellaneous Petition filed under Order 41 Rule 5 read with Section 151 of the C.P.C. to stay the execution of the decree, dated 23.03.2017 made in MCOP No.462 of 2014 on the file of the Motor Accident Claims Tribunal (Principal District Judge), Perambalur, pending disposal of the above Appeal.
CMA No.2649 of 2014:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree, dated 23.03.2017 made in MCOP No.462 of 2014 on the file of the Motor Accident Claims Tribunal (Principal District Judge), Perambalur.
CMP.No.14622 of 2017 in CMA.No.2649 of 2017
R.MAHADEVAN, J,
srk
For Petitioners / Appellants : Mr. D.Bhaskaran For Respondents /Respondents : Mr. S.R.Varunkartick
O R D E R
In this miscellaneous petition, this Court vide order dated 31.08.2017,
granted an order of interim stay on condition that the petitioner / appellant
deposits 50% of the compensation amount along with accrued interest within a
period of eight weeks.
2.Today, when the matter was taken up for consideration, the learned
counsel for the petitioner / appellant submitted that the petitioner/ appellant has
complied with the aforesaid conditional order.
3.In view of the above, the interim order already granted is made
absolute and this petition is ordered accordingly.
24.07.2020
Index : Yes/No Internet: Yes/ No srk
C.M.P.No.14622 of 2017 in C.M.A.No.2649 of 2017
1 issue framed by the court
Whether to make the interim stay order absolute after confirming deposit of 50% of compensation.
2 provisions across 2 enactments
United India Insurance Co. Ltd
Saraswathi
Narayanasamy
T.Ramamoorthy
R.MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
