Allowed

The Branch Manager v. Vinoth

Madras HC1 Sept 2022CMP(MD)/7869/2022

Case brief

AI extract

What is this about?

The Madras High Court allowed an appellant's petition for a stay of proceedings in the Motor Accident Claims Tribunal. The court conditioned the stay on the appellant depositing 50% of the award amount along with proportionate interest and costs within four weeks.

What did the court decide?

Stay granted contingent upon depositing 50% of the award amount, interest, and costs within four weeks.

The Branch Manager Vs Vinoth — Motor Accident Claims | Madras HC (2022)

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CMP(MD) No.7869 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Thursday, the First day of September Two Thousand and Twenty Two

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PRESENT

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The Hon`ble Mrs.Justice R.THARANI

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CMP(MD) No.7869 of 2022

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CMA(MD) No.833 of 2022

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1 THE BRANCH MANAGER

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M/S.UNITED INDIA INSURANCE COMPANY LIMITED, PARK HOUSE ROUND NORTH,THIRUCHUR,

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KELARA.

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2 THE BRANCH MANAGER

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M/S.UNITED INDIA INSURANCE COMPANY LIMITED, T.S.NO. 5476/79, SUNDARAM MASILLA MAALIGAI,

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OLD THIRUMAYAM ROAD,PUDUKKOTAI TOWN,

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PUDUKKOTTAI DISTRICT.

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... PETITIONERS/APPELLANTS

1 VINOTH

2 MATHEW

3 ARAVINDHAN ... RESPONDENTS/RESPONDENTS

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(NOTICE 2ND AND 3RD RESPONDENT IS GIVEN UP AS NO RELIEF IS CLAIMED AGAINST THEM)

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Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant stay of all further proceedings in pursuance of the fair and decreetal order dated 29-03-2021 made in MCOP.No. 181 of 2016 on the file of the Motor Accident Claims Tribunal (Additional District Court, Pudukkottai) pending disposal of the above appeal.

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Prayer in CMA(MD). 833/ 2022 :

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To prefer this Memorandum of Civil Miscellaneous Petition against Fair and Decreetal order dated 29-03-2021 made in MCOP.No. 181 of 2016 on the file of the Motor Accident Claims Tribunal (Additional District Court, Pudukkottai).

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https://www.mhc.tn.gov.in/judis

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CMP(MD) No.7869 of 2022

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ORDER : This 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.B.RAJESH SARAVANAN, Advocate for the petitioner, While admitting the CMA., the court made the following order:-

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There shall be an order of Stay on condition that the petitioner/appellant shall deposit 50 % of the award amount with proportionate interests and costs, awarded in M.C.O.P.No.181 of 2016, on the file of the Motor Accident Claims Tribunal- Additional District Court, Pudukkottai, within a period of four weeks from the date of receipt of copy of this order, after deducting the amount already deposited by him, to the credit of M.C.O.P.No.181 of 2016, on the file of the Motor Accident Claims Tribunal- Additional District Court, Pudukkottai, failing which, stay granted shall stand automatically dismissed.

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This Petition is allowed accordingly.

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sd/01/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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THE ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PUDUKKOTTAI.

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+1. C.C. to M/S.B.RAJESH SARAVANAN Advocate SR.No.9528

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ORDER IN CMP(MD) No.7869 of 2022 IN CMA(MD) No.833 of 2022 Date :01/09/2022

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SA/VR/SAR.1/06.09.2022/2P/3C

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https://www.mhc.tn.gov.in/judis

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The Branch Manager v. Vinoth

Case brief

What is this about?

What did the court decide?

The Branch Manager v. Vinoth

Case brief

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