A petitioner applied for a stay on proceedings before the Motor Accidents Claims Tribunal. The Court dismissed the petition, holding that since the quantum was undisputed and only liability was in dispute, no reason existed to grant a stay.
The stay petition on proceedings in CMP No.20251 of 2021 stands dismissed.
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 )
Friday, the Seventeenth day of December Two Thousand Twenty One
PRESENT
THE HON`BLE MR JUSTICE R. SUBRAMANIAN
HDFC ERGO GENERAL INSURANCE COMPANY LTD, [ PETITIONER ] NO.528, ANNASALAI, TEYNAMPET, CHENNAI - 600 018
2 S LOGESWARI
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay all further proceedings pursuant to the judgment and decree passed in MCOP No.28 of 2017 dated the 16th of February 2021 on the file of the Motor Accidents Claims Tribunal Tirupattur, (Special Subordinate Judge) (CMP NO.20251 OF 2021) pending disposal of the CMA.No.3505/2021
Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.K.PREMKUMAR, Advocate for the petitioner the court made the following order:-
Since there is no dispute regarding the quantum and it is only liability of the Insurance Company to pay the compensation, which is in dispute, I do not see any reason for grant of stay. Hence, the stay petition stands dismissed.
-sd/-
Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO
1 THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUPATTUR
C.C. to M/S.T.K.PREMKUMAR Advocate SR.NO.7562/2021
Order
in CMP NO.20251 OF 2021
IN CMA.No.3505/2021
Date:17/12/2021
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PS 22/12/2021
1 issue framed by the court
Whether a stay should be granted on further proceedings in the Motor Accidents Claims Tribunal when liability, but not quantum, is disputed.
HDFC ERGO GENERAL INSURANCE COMPANY LTD
2 S LOGESWARI
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
