Bajaj Alliance General Insurance ... vs Maslin : 1St
2021 Latest Caselaw 1239 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.588 of 2013

                      Bajaj Alliance General Insurance Company Limited,
                      Represented by its Branch Manager,
                      Anjugramam,
                      Kanyakumari District.           : Appellant/2nd Respondent

                                                     Vs.

                      1.Maslin                         : 1st Respondent/Petitioner
                      2.George                         : 2nd Respondent/1st Respondent
                      3.Francis                        : 3rd Respondent/2nd Respondent

                      4.Zeno Stancy                    : 4th Respondent/ 4th Respondent

                      5.United India Insurance Co. Ltd.,
                        Valliyoor,
                        Tirunelveli District.            : 5th Respondent/5th Respondent
                        (Notice to 4th and 5th respondents
                        may be dispensed with since they
                        are not necessary parties)

                             PRAYER: Civil Miscellaneous Appeal has been filed under
                      Section 173 of Motor Vehicles Act, against the judgment and
                      decree, dated 22.03.2012 made in MCOP No.166 of 2007 on the
                      file of Motor Accident Claims Tribunal (Subordinate Court),
                      Padmanabhapuram.




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                                                            2

                                                                         T.KRISHNAVALLI.J

                                                                                            er
                                       For Appellant        : Mr.J.S.Murali

                                       For R1 and R3        : No appearance

                                       For 2nd Respondent   : Dismissed, vide
                                                              order, dated 29.01.2019

                                       For R4 and R5        : Dispensed with


                                                       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 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.588 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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