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Madras High CourtCMA/1909/2013disposed of

S.Rukmani v. R.Madankumar

2017-01-25Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2017 CORAM : THE HONOURABLE Mr. JUSTICE N.SESHASAYEE CMA.No.1909 of 2013 1.S.Rukmani 2.P.Sankaranarayan 3.S.Chandrasekaran ... Appellants Vs.

1.R.Madankumar 2.R.Rajasekaran 3.United India Insurance Company Limited New Delhi.

... Respondents Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the decree and judgment dated 12.10.2012 made in MCOP No.300 of 2010 on the file of the Motor Accident Claims Tribunal, II Additional District Court, Erode.

For Appellants : Mr.D.Lourthu Paul Belson for Mr.M.Thomas Acqunias For Respondents : Mr.T.Ravichandran for R3 No Appearance for R1

JUDGMENT

This appeal is preferred by the claimants in MCOP.No.300 of 2010 on the file of the Motor Accident Claims Tribunal, II Additional District Court, Erode. The Tribunal has granted an award for Rs.8,44,600/- and reduced it by 50%, as it apportioned the negligence component in equal terms to the victim of the accident. The second respondent, the owner of the other vehicle involved in the accident and the third respondent, the Insurance Company of the said vehicle are held liable to pay Rs.4,22,300/- with interest at 7.5% per annum.

2. The learned counsel for the appellants seeks permission of this Court to withdraw this appeal and has submitted a letter to the Registry dated 19.12.2016. He has also made an endorsement to that effect in the case bundle. Accordingly this appeal is dismissed as not pressed. No costs. https://hcservices.ecourts.gov.in/hcservices/

3. The third respondent/Insurance company is directed to deposit the amount that it is liable to pay under the award, if it has not already deposited, within four weeks from the date of receipt of a copy of this order, whereupon the appellants are free to withdraw the same forthwith.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar ds To 1.The Motor Accident Claims Tribunal, II Additional District Court, Erode.

2.The Section Officer, VR Section, High Court, Madras.

3.United India Insurance Company Limited New Delhi.

+1 cc to M/s.A.Madhumathi Advocate sr 4713 +2 ccs to M/s.D.Lourthu Paul Belson Advocate sr 4656 +1 cc to Mr.T.Ravichandran Advocate sr 4630 CMA.No.1909 of 2013 mv(co) aa15/02/2017 https://hcservices.ecourts.gov.in/hcservices/