The Divisional Manager vs P.Rayappan
2021 Latest Caselaw 2147 Mad

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                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               Dated: 01.02.2021

                                                   CORAM:

                            THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI

                                          C.M.A(MD)No.660 of 2015
                                                   and
                                            MP(MD)No.3 of 2015

                      The Divisional Manager,
                      National Insurance Company,
                      Anguvilas Buildings,
                      North Car Street,
                      Agasteeswaram Taluk,
                      Kanyakumari District.                 : Appellant/3rd Respondent

                                                    Vs.
                      1.P.Rayappan
                      2.Therasammal
                      3.Christian Lagitha
                      4.Minor Ashok
                        (Minor is represented through his
                        mother and natural Guardian Christian Lagitha
                        3rd Respondent herein)         : R1 to R4/Claimants
                      5.Gladson Vibin                  : R5/1st Respondent
                      6.Prabudhas                      : R6/2nd Respondent

                             PRAYER: Civil Miscellaneous Appeal has been filed under
                      Section 173 of Motor Vehicles Act, against the judgment and
                      decree, dated 07.03.2013 made in MCOP No.28 of 2012 on the file
                      of    Motor   Accident   Claims     Tribunal    (Subordinate   Court),
                      Padmanabapuram.




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                                                                         T.KRISHNAVALLI.J

                                                                                           er
                                   For Appellant           : Mr.D.Sivaraman
                                   For 1st Respondent      : Dismissed, vide court
                                                             order, dated 27.06.2018
                                   For R2 to R4            : Mr.T.Selvakumaran
                                   For R5 and R6           : No appearance

                                                     JUDGMENT

(Thro' VC)

When the matter is taken up for hearing, the learned counsel appearing for the appellant submitted that as per the instruction of the appellant Insurance Company, he is going to withdraw the civil miscellaneous appeal and to that effect, he has forwarded a memo to the Registry, on 01.02.2021.

2.Recording the above, this Civil Miscellaneous Appeal is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is closed.

01.02.2021 Index:Yes/No Internet:Yes/No er

1.The Motor Accident Claims Tribunal/ The Subordinate Court, Padmanabapuram, Kanyakumari District.

2.The Record Keeper, V.R Section, Madurai Bench of Madras High Court, Madurai.

C.M.A(MD)No.660 of 2015

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15.In the result, the appeal is partly allowed and the award of Rs.

10,99,216/- is reduced to Rs.9,75,000/-. The interest at the rate of

7.5% per annum awarded by the tribunal is maintained. The

appellant Insurance Company is directed to deposit the modified

award amount together with accrued interest and costs, less the

amount already deposited, within a period of six weeks from the

date of receipt of a copy of this judgment. On such compliance, the

claimant is permitted to withdraw the entire amount, less the

amount already withdrawn. No costs. Consequently, connected

Miscellaneous Petition is closed.

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