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Madras High CourtCMA/2099/2022withdrawn dismissed

The Divisional Manager v. Kantha Ruby

2022-11-30Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MR.JUSTICE SUNDER MOHAN and CMP.No.16277 of 2022 The Divisional Manager, United India Insurance Company Limited, No.13, Netaji Road, Manjakuppam, Cuddalore.

.. Appellant Vs.

1. Kantha Ruby

2. Suresh ..

Respondents Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 03.06.2022, made in M.C.O.P.No.412 of 2015, on the file of the Motor Accident Claims Tribunal, Subordinate Court, Gingee. For Appellant : Mr.M.B.Raghavan For R1 : Mr.S.Saishankar

J U D G M E N T

(Judgment of the Court was delivered by V.M.VELUMANI, J.) The learned counsel appearing for the appellant submitted that the matter has been settled for a total sum of Rs.65,00,000/- through private negotiation, as per which, in addition to the statutory deposit of Rs.25,000/-, balance settlement amount of Rs.64,75,000/- was deposited to the credit of M.C.O.P.No.412 of 2015, on the file of the Motor Accident Claims Tribunal, Sub Court, Gingee. Therefore, the learned counsel for the appellant seeks permission of this court to withdraw this appeal. To that effect, the learned counsel appearing for the appellant filed a memo dated 23.11.2022 and also made an endorsement in the bundle.

2. Recording the above submission, the memo dated 23.11.2022 as well as the endorsement made by the learned counsel appearing for the appellant, the Civil Miscellaneous Appeal is dismissed as withdrawn. It is open to the first respondent to withdraw the award amount by making necessary applications before the Tribunal. No costs. Consequently,

connected Miscellaneous Petition is closed.

(V.M.V., J.) (S.M., J.) 30.11.2022 av Index : Yes / No Internet : Yes / No To 1.The Motor Accident Claims Tribunal, Subordinate Court, Gingee.

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

V.M.VELUMANI, J.

and SUNDER MOHAN, J.

av and CMP.No.16277 of 2022 30.11.2022