Partly allowed

Reliance General Insurance Co. Ltd., v. Minor Murugalakshmi @Roshini

Madras HC10 Feb 2023CMP(MD)/1337/2023

Case brief

AI extract

What is this about?

Petitioner sought interim stay of the Motor Accident Claims Tribunal order. High Court granted stay conditional upon depositing 50% of the award amount plus proportionate interest and costs within four weeks. Petition disposed of upon compliance.

What did the court decide?

Interim stay granted on condition of depositing 50% of the award amount with proportionate interest and costs within four weeks.

Reliance General Insurance Co. Ltd., Vs Minor… — Motor Accident Claims | Madras HC (2023)

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CMP(MD) No.1337 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Tenth day of February Two Thousand and Twenty Three

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PRESENT

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The Hon`ble Mrs.Justice R.THARANI

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CMP(MD) No.1337 of 2023 IN CMA(MD) No.144 of 2023

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RELIANCE GENERAL INSURANCE CO. LTD., THORUGH ITS BRANCH MANAGER, HAVING ITS OFFICE AT, NO.184/9B/7, V.V.D.MAIN ROAD, NEAR STATE BANK OF INDIA, TUTICORIN. ...PETITIONER/APPELLANT

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1 MINOR MURUGALAKSHMI @ROSHINI

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(MINOR REPRESENTED THROUGH GUARDIAN AND NEXT FRIEND AND HER FATHER KANNAN)

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2 M.MARIAPPAN ... RESPONDENTS/RESPONDENTS

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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 stay the operation of the judgment and decree passed in MCOP.No. 704 of 2018 on the file of the Motor Accident Claims Tribunal I Addditional District Judge, Tirunelveli dated 24-06-2022, pending disposal of the above civil miscellaneous appeal and thus render justice.

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Prayer in CMA(MD). 144/ 2023 :

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Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to set aside the judgment and decree passed in MCOP.No. 704 of 2018 on the file of the Motor Accident Claims Tribunal I Addditional District Judge, Tirunelveli dated 24-06-2022.

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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 K.R.SHIVASHANKARI, Advocate for the petitioner the court made the following order:-

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There shall be an order of Interim Stay on condition that the appellant deposits 50% of the award amount with proportionate interests and costs, awarded in M.C.O.P.No.704 of 2018 on the file of the Motor Accidents Claims Tribunal, I Additional District Judge, Tirunelveli, within a period of four weeks with proportionate https://www.mhc.tn.gov.in/judis

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CMP(MD) No.1337 of 2023

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accrued interest, to the credit of M.C.O.P.No.704 of 2018 on the file of the Motor Accidents Claims Tribunal, I Additional District Judge, Tirunelveli, less any amount already deposited from the date of receipt a copy of this order, failing which, interim stay granted shall stand automatically vacated.

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2.Hence, this petition is disposed of.

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sd/10/02/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. MRN

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1 I ADDDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.

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+1. C.C. to M/S K.R.SHIVASHANKARI Advocate SR.No.2164(I)

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ORDER

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IN CMP(MD) No.1337 of 2023 IN CMA(MD) No.144 of 2023 Date :10/02/2023 VA/BUC/SAR-2/20.02.2023/2P/3C

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

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Reliance General Insurance Co. Ltd., v. Minor Murugalakshmi @Roshini

Case brief

What is this about?

What did the court decide?

Reliance General Insurance Co. Ltd., v. Minor Murugalakshmi @Roshini

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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