The Branch Manager vs Hema
2021 Latest Caselaw 3316 Mad

                                                      1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             Dated: 10.02.2021

                                                  CORAM:

                            THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI

                                          C.M.A(MD)No.393 of 2018
                                                   and
                                          CMP(MD)No.4998 of 2018

                      The Branch Manager,
                      Bajaj Allianz General Insurance Company Ltd.,
                      D.No.206, 1st Floor,
                      T.A.T Complex,
                      Pudukottai Main Road,
                      Thanjavur.                        : Appellant/2nd Respondent

                                                    Vs.
                      1.Hema
                      2.Sambandam
                      3.Chellammal                    : R1 to R3/Petitioners 1 to 3
                      4.A.V.R.Balaji                  : R4/1st Respondent
                      5.G.N.Ashok Kumar               : R5/3rd Respondent
                      6.The Divisional Manager,
                        Oriental Insurance Company Ltd.,
                        (Branch Office)
                        No.2851-35, 1st Floor,
                        Kamalasubramaniam Arcade,
                        Trichy Main Road,
                        Tanjore.                       : 6th Respondent/4th Respondent

                             PRAYER: Civil Miscellaneous Appeal has been filed under
                      Section 173 of Motor Vehicles Act, against the judgment and
                      decree, dated 09.08.2016 made in MCOP No.1513 of 2014 on the
                      file of Motor Accident Claims Tribunal (Additional District Judge-
                      cum-Special Judge for Essential Commodities Act), Thanjavur.




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                                                                     T.KRISHNAVALLI.J

                                                                                       er
                                  For Appellant          : Mr.G.Maruthiah
                                  For R1 and R5         : No appearance
                                  For R2 and R3          : Mr.B.Senthilkumar
                                  For 4th Respondent     : Mr.R.Maheswaran
                                  For 6th Respondent     : Mr.E.Chandrasekaran

                                                 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/ Additional District Judge & Presiding Officer, Special Court under EC Act cases, Thanjavur.

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

C.M.A(MD)No.393 of 2018

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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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