Murugan v. Mayilsamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Murugan ... Appellant Vs.

1.Mayilsamy 2.Sriram General Insurance Company Limited, No.E-8, Rikko Industrial Area, Chithapura, Jaipur, Rajasthan-302 022.

... Respondents PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 12.09.2019 passed in M.C.O.P.No.648 of 2017 on the file of the Motor Accident Claims Tribunal cum Special Sub Judge, Krishnagiri and enhance the award amount and direct the second respondent to pay the award amount to the claimant. For Appellant :

Mr.M.Selvam For Respondents :

R1-Dismissed vide order dated 05.01.2024 Mrs.R.Sreevidhya for R2

J U D G M E N T

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

2. Recording the submission made by the learned counsel appearing for the appellant, this Civil Miscellaneous Appeal is dismissed as withdrawn with liberty to the appellant to file a claim petition under the Workmen's Compensation Act and the period during which the claim petition was pending before the Motor Accident Claims Tribunal cum Special Sub Court, Krishnagiri, and this appeal is pending before this Court is to be excluded for the purpose of limitation. There shall be no order as to costs.

26.11.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To

1. The Motor Accidents Claims Tribunal, Special Sub Court-II, Motor Claims Petitions, Court of Small Causes, Chennai.

2. The Section Officer, V.R. Section, High Court, Chennai.

M.DHANDAPANI, J.

ssb 26.11.2024