The Madras High Court allowed a civil appeal while granting an interim stay. The appellant/appellant was ordered to deposit 50% of the award amount, with interests and costs due in a Motor Accident Claims Tribunal decree.
Interim stay granted on condition of depositing 50% of award amount with interests and costs within four weeks.
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.
CMP(MD) No.7908 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Second day of September Two Thousand and Twenty Two
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.7908 of 2022 IN CMA(MD) No.835 of 2022
M/S.NATIONAL INSURANCE CO. LTD., NO. 63, RASI PLAZA, WEST PRADHAKSHNAM ROAD, KARUR 639002. ... PETITIONER/APPELLANT Vs
1 CHELLAMMAL
2 PERIYASAMY
3 M/S.ARM EXPORTS, NO. 9D/15, RAMAKRISHNAPURAM NORTH KARUR. ... RESPONDENTS/RESPONDENTS
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an order of interim stay of all further proceedings Judgement and decree dated 10.11.2021 in MCOP.No. 271 of 2019 on the file of MACT / Chief Judicial Magistrate Court,Karur, pending disposal of the appeal.
Prayer in CMA(MD). 835/ 2022 :
To set aside the judgment and decree dted 10-11-2021 passed in MCOP.No. 271 of 2019 on the file of MACT/Chief Judicial Magistrate Court, Karur.
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.P.MALINI, Advocate for the petitioner and of Mr.K.SURESH KUMAR, Advocate for the Respondents No.1 & 2, While admitting the CMA., the court made the following order:-
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.271 of https://www.mhc.tn.gov.in/judis
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CMP(MD) No.7908 of 2022
2019, on the file of the Motor Accident Claims Tribunal – Chief Judicial Magistrate, Karur, 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.271 of 2019, on the file of the Motor Accident Claims Tribunal – Chief Judicial Magistrate, Karur, failing which, stay granted shall stand automatically dismissed.
sd/02/09/2022 / TRUE COPY / /09/2022
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL, KARUR.
ORDER
IN
CMP(MD) No.7908 of 2022 IN
CMA(MD) No.835 of 2022 Date :02/09/2022
Ls
SA/SVR/SAR.2/07.09.2022/2P/3C
2/2
2 issues framed by the court
Whether an interim stay can be granted subject to deposit of 50% of the awarded amount.
To lay down the terms and conditions for the stay order in a motor accident claim appeal.
M/S.NATIONAL INSURANCE CO. LTD.
CHELLAMMAL
PERIYASAMY
M/S.ARM EXPORTS
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
