M/S.Tamil Nadu State Transport Corporation Ltd., v. Mariyammal

C.M.P(MD) No.3720 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.11.2021

CORAM:

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.M.P(MD) No.3720 of 2021 in CMA(MD) SR.No.19558 of 2021 M/s.Tamilnadu State Transport Corporation Limited, Rep. by its Managing Director, Bye Pass Road, Tirunelveli - 3.

... Petitioner/Appellant Vs.

1.Mariyammal 2.Minor Esakki @ Sri Murugeshwari 3.Minor Kavin 4.Minor Rajesh (Minor Respondent Nos.2 to 4 through their mother and guardian 1st respondent) 5.Palsamy 6.Rajapandi 7.Liberty Videocon General Insurance Company Limited, Through its Regional Manager, Office at D.No.88, G.N.Chetty Road, Annasalai, Teynampat, Chennai - 600 017.

... Respondents/Respondents (Respondent No.6 was set ex-parte before the Tribunal. Hence notice to him may be dispensed) PRAYER: This Civil Miscellaneous Petition is filed under Section 173

(1) of the Motor Vehicles Act, to condone the delay of 408 days in filing the above C.M.A(MD)SR.No.19558 of 2021. Prayer in C.M.A(MD)SR.No.19558 of 2021:

This Civil Miscellaneous Petition is filed under Section 173

(1) of the Motor Vehicles Act,1988 against the Award and decreetal order dated 31.10.2019 passed in M.C.O.P.No.1309 of 2017 by the Motor Accident Claims Tribunal (Principal District Judge), Tirunelveli.

For Petitioner : Mr.R.Rajamohan For R2 to R4 : Mr.P.Samuel Gunasingh https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.P(MD) No.3720 of 2021

O R D E R

When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that the matter has been settled between the parties before the National Lok Adalat, which was held on 11.09.2021 and also enclosed a award copy. Hence, he seeks permission of this Court to withdraw this Civil Miscellaneous Petition and also submitted a letter to the Registry in this regard.

2. In view of the above submission, this Civil Miscellaneous Petition is dismissed as withdrawn. Consequently the Civil Miscellaneous Appeal is closed in SR stage itself. Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsd Note : (i) Registry is directed to refund the entire Court fee paid by the petitioner.

(ii) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Motor Accident Claims Tribunal (Principal District Judge), Tirunelveli.

Copy to The Sub Assistant Registrar, C.O.Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.R.RAJAMOHAN, Advocate SR.No. 8654 C.M.P(MD) No.3720 of 2021 in CMA(MD) SR.No.19558 of 2021 30.11.2021 NSN(CO) TR(17.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2