United India Insurance Co Ltd v. Angammal,W/O Kumarappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.M.A.No.824 of 2018 and C.M.P.No.6813 of 2018 M/s.United India Insurance Co. Ltd., Divisional Office, HUB Ranga Buildings Peramanur Main Road, Peramanur Salem - 636 001 ..

Appellant/2nd Respondent Vs 1.Angammal 2.Kumarappan ...1st & 2nd Respondent/Petitioners 3.VPS Road Lines Managing Partner -Venkatesh S/o.Muthusamy 603D, Mangala Layout, Urlandy Puttur District, Kanara - South (Mangalore) Karnataka State - 574 201 and Now office at No.96, Velur Road Tiruchengodu Town and Taluk Namakkal District ..3rd Respondent/1st Respondent Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 20.09.2017 made in M.C.O.P.No.1629 of 2015 on the file of the Motor Accidents Claims Tribunal, I Additional District Judge, Salem. For Appellant : Mr.S.Arun Kumar For Respondents: Mr.C.Paraneedharan *******

JUDGMENT

[Judgment of the Court was made by K.K.SASIDHARAN, J] This Civil Miscellaneous Appeal is directed against the award dated 20.09.2017 in M.C.O.P.No.1629 of 2015 on the file of the Motor Accidents Claims Tribunal, Salem, awarding compensation to the respondents.

2.When the appeal is taken up for hearing, the learned counsel for claimants produced a copy of the award dated 22.04.2018 whereby and whereunder the matter was settled before the National Lok Adalat.

3.The claimants appeal in C.M.A.No.98 of 2018 was referred to the Lok Adalat for settlement. It was in the National Lok Adalat held on 22.04.2018, the matter was settled. Since the matter has already been settled through Lok Adalat, there is no question of considering the legality or correctness of the award in M.C.O.P.No.1629 of 2015 in this appeal at the instance of the Insurance Company.

The Civil Miscellaneous Appeal is dismissed as infructuous on account of the subsequent events indicated above. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar gpa To The Motor Accidents Claims Tribunal I Additional District Judge, Salem.

C.M.A.No. 824 of 2018 and C.M.P.No.6813 of 2018 PVS(CO) CB(07/11/2019)