M/S.Royal Enfield v. E.Jeya
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27.08.2024 CORAM :
THE HONOURABLE MR.JUSTICE SUNDER MOHAN C.M.A(MD)No. 1063 of 2024 and C.M.P(MD)No.11021 of 2024 M/s.Royal Enfield, A Unit of Eicher Motors Ltd., P.B.No.5284, T.H.Road, Thiruvottiyur, Chennai - 600 019.
...Appellant/Respondent No.1 Vs.
1.E.Jeya 2.E.Arivalagan 3.E.Arunkumar
...Respondents 1 to 3/Petitioners
4.The Manager, United India Insurance Co., Ltd., 7-A, West Veli Street, Madurai -01 5.T.Arumugam
...Respondents 4 & 5/Respondents 2 & 3
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 05.01.2021 passed in M.C.O.P.No.635 of 2018 on the file of the Motor Accident Claims Tribunal Judge (Special District Judge) Madurai. For Appellant : Mr.E.Mohamed Abbas For R4 : Mr.A.S.Mathialagan Page No.1 of 4
JUDGMENT
The learned counsel for the appellant filed a memo seeking permission to withdraw this appeal stating that in view of the judgment and decree, the claimant has been duly compensated by the Insurance Company. The learned counsel also prayed for a direction to refund the excess court fee paid by the appellant at the time of filing the appeal.
2. The learned counsel appearing on behalf of the 4th respondent also submits that the matter has been settled.
3. In view of the memo, this appeal is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed.
4. According to the learned counsel for the appellant, the court fee payable is Rs.7954/-. However, inadvertently, a sum of Rs.16,535/- was paid as court fee.
Page No.2 of 4
5. The Registry is directed to verify and refund the excess court fee, if any paid by the appellant.
27.08.2024 Index : Yes / No : Yes / No CM To 1.Motor Accident Claims Tribunal Judge (Special District Judge) Madurai.
2. The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.
Page No.3 of 4
SUNDER MOHAN, J.
CM Judgment made in C.M.A(MD)No. 1063 of 2024 and C.M.P(MD)No.11021 of 2024 27.08.2024 Page No.4 of 4