The Branch Manager vs Krishnaveni
2021 Latest Caselaw 10507 Mad

                                                                               CMA.No.122 of 2020

                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 23.04.2021

                                                       CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                              C.M.A.No.122 of 2020
                                             and CMP.No.837 of 2020

                                           (Through Video Conferencing)

              The Branch Manager,
              United India Insurance Company Limited,
              No.12/123/1-Javilli Street,
              Palamaner, Chittoor 517 408,
              Andhra Pradesh                                                ... Appellant

                                                         Vs.
              1.Krishnaveni
              2.Kavitha
              3.Srinivasalu
              4.Saritha
              5.Sujatha
              6.K.Sudhakar Reddy                                           ... Respondents


                    Civil Miscellaneous Appeal filed under Section 173 of Motor
              Vehicles Act, 1988 against the decree and judgment dated 04.02.2019
              made in M.C.O.P.No.626 of 2017, on the file of the Motor Accidents
              Claims Tribunal, Special District Court, Krishnagiri.

                                   For Appellant      : Mr.C.Paranthaman
                                   For R1 to R5       : Mr.M.Sivakumar
                                   For R6             : No Appearance




https://www.mhc.tn.gov.in/judis/
                                                                             CMA.No.122 of 2020



                                                JUDGMENT

The Insurance company is the appellant in this appeal. It is

aggrieved by the Judgment and Decree dated 04.02.2019 passed by the

Motor Accidents Claims Tribunal, Special District Court, Krishnagiri in

M.C.O.P.No.626 of 2017.

2. By the impugned Judgment and Decree dated 04.02.2019, the

Tribunal has awarded a sum of Rs.13,86,328/- together with interest at

7.5% per annum from the date of filing of the claim petition, till the date of

payment, to the respondents 1 to 5/claimants.

3. Today, there is no representation on behalf of the respondents 1 to

5. This appeal has been filed by the appellant / Insurance company

questioning the liability on the ground that four persons were travelling in

a scooty bearing Registration No.KA-08-E-2307 which met with an

accident and the deceased Chandrappa died on the spot.

https://www.mhc.tn.gov.in/judis/ CMA.No.122 of 2020

4. The learned counsel for the respondent / Claimant submits that the

amount was deposited by the appellant/Insurance company and the said

amounts have also been withdrawn by the respondents 1 to 5/Claimants.

Since the amount has been withdrawn by the respective claimants, the

appeal has been rendered infructous.

5. Recording the submission made by the learned counsel for the

respondents 1 to 5/Claimants that the amount was fully deposited by the

appellant/Insurance company and the same was withdrawn by the

respondents 1 to 5/claimants, this Civil Miscellaneous Appeal stands

closed with the above observation. No costs. Consequently, connected

Miscellaneous Petition is closed.

23.04.2021 drl Index : Yes/No Internet : Yes/No To:

1.The Motor Accidents Claims Tribunal, Special Sub Court, Krishnagiri.

2.The Section Officer, VR Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CMA.No.122 of 2020

C.SARAVANAN, J.

drl

C.M.A.No.122 of 2020 and CMP.No.837 of 2020

23.04.2021

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