The General Manager vs Rajamani
2021 Latest Caselaw 3313 Mad

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                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             Dated: 10.02.2021

                                                  CORAM:

                            THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI

                                         C.M.A(MD)No.1283 of 2014
                                                   and
                                            MP(MD)No.1 of 2014

                      The General Manager,
                      Bajaji Alliance Insurance Company Ltd.,
                      GE Plaza, Airport Road,
                      Eravad, Pune-411 006.             : Appellants/2nd Respondent

                                                    Vs.

                      1.Rajamani
                      2.Raman
                      3.Chinaiah
                      4.Chandrasekaran
                      5.Meyyar
                      6.Marimuthu                         : R1 to R6/Petitioners 1 to 6
                      7.Arunachalam                       : R7/1st Respondent

                             PRAYER: Civil Miscellaneous Appeal has been filed under
                      Section 173 of Motor Vehicles Act, against the judgment and
                      decree, dated 28.02.2014 made in MCOP No.909 of 2008 on the
                      file of Motor Accident Claims Tribunal (Principal District Court),
                      Pudukkottai.




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                                                                      T.KRISHNAVALLI.J

                                                                                        er
                                  For Appellant         : Mr.V.Sakthivel

                                  For R1 to R6          : No appearance

                                                  JUDGMENT

When the matter is taken up for hearing, the learned counsel appearing for the appellant seeking permission of this court to withdraw the appeal and he has also made an endorsement to that effect.

2.Recording the endorsement made by the learned counsel for the appellant, this Civil Miscellaneous Appeal is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is closed.

10.02.2021 Index:Yes/No Internet:Yes/No er

1.The Motor Accident Claims Tribunal/ Principal District Court, Pudukottai.

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

C.M.A(MD)No.1283 of 2014

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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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