The New India Assurance Company ... vs Nazeema
2021 Latest Caselaw 1238 Mad

                                                      1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             Dated: 20.01.2021

                                                  CORAM:

                            THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI

                                           C.M.A(MD)No.89 of 2013

                      The New India Assurance Company Limited,
                      represented by its Branch Manager,
                      Branch Office Opposite to Stadium,
                      Nagercoil, Agasteeswaram Taluk,
                      Kanyakumari District.           : Appellant/3rd Respondent

                                                    Vs.

                      1.Nazeema
                      2.Ruby Nazeema
                      3.Noorul Haq                     : R1 to R3/Petitioners

                      4.N.Saran                       : 4th Respondent/1st respondent
                      5.A.Murugaperumal               : 5th Respondent/2nd respondent
                       (Notice to R4 and R5 may be dispensed
                       with since they remained ex-parte before
                       the Tribunal)

                             PRAYER: Civil Miscellaneous Appeal has been filed under
                      Section 173 of Motor Vehicles Act, against the judgment and
                      decree, dated 27.09.2012 made in MCOP No.108 of 2009 on the
                      file of Motor Accident Claims Tribunal (II Additional Subordinate
                      Court), Nagercoil.




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                                                                         T.KRISHNAVALLI.J

                                                                                            er
                                       For Appellant        : Mr.J.S.Murali

                                       For R1 & R2          : No appearance

                                       For 3rd Respondent   : Left

                                       For R4 & R5          : Dispensed with

                                                       JUDGMENT

(Thro' VC)

When the matter is taken up for hearing, the learned counsel appearing for the appellants 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 letter to the Registry, on 11.01.2021.

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

20.01.2021 Index:Yes/No Internet:Yes/No er

C.M.A(MD)No.89 of 2013

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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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