Prabhavathy v. The United India Insurance Co., Ltd., Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2020

CORAM:

THE HONOURABLE Mr. JUSTICE R.MAHADEVAN C.M.A.No.1646 of 2017 1.Prabhavathy 2.Jeevalal 3.Jobaas (Minor) ...Appellants (Rep. by his mother & next friend 1st appellant) Vs.

1. The Principal, St.Peters University, College Road, Avadi, Chennai - 600 054.

2. United India Insurance Company Ltd., No.235, 1st Floor, AMK Plaza, N.M.Road, Avadi, Chennai - 600 054.

... Respondents Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 04.02.2015 made in M.A.C.T.O.P.No.243 of 2013 on the file of the Motor Accidents Claims Tribunal, IV Small Causes Court, Chennai.

For Appellants : Mr.S.Ravikumar For R2 : Mr.S.Arunkumar

J U D G M E N T

The appellants are the claimants in M.A.C.T.O.P.No.243 of 2013 on the file of the Motor Accidents Claims Tribunal, IV Small Causes Court, Chennai. They filed the said claim petition claiming a sum of Rs.15,00,000/- as compensation for the death of one Thambu, who died in the accident that took place on 29.12.2012.

2.The Tribunal, considering the pleadings, oral and documentary, held that the accident had occurred only due to the rash and negligent driving of the driver of the tanker lorry https://hcservices.ecourts.gov.in/hcservices/

belonging to the 1st respondent and directed the 2nd respondent/Insurance Company being insurer of the said tanker lorry to pay a sum of Rs.17,21,000/- as compensation to the appellants.

3.Today when the matter was taken up for hearing, the learned counsel appearing for the appellants submitted that the appellants are satisfied with the award passed by the Tribunal and hence he is not pressing this appeal. It is also submitted that the Insurance Company has deposited the entire award amount and the same has also been withdrawn by the appellants. 4.Recording the above submission made by the learned counsel for the appellants, the Civil Miscellaneous Appeal is dismissed as not pressed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The IV Judge, Motor Accident Claims Tribunal, Small Causes Court, Chennai.

+1cc to M/s.S.Arunkumar, Advocate, S.R.No.30721 C.M.A.No.1646 of 2017 SSV(CO) RV(04/01/2021) https://hcservices.ecourts.gov.in/hcservices/