The United India Insurance v. Rani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2022

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HON'BLE MR JUSTICE SUNDER MOHAN and C.M.P(MD)No.3053 of 2016 The United India Insurance Co., Ltd., Rep. by its Branch Manager, Mettupalayam Road, Coimbatore Taluk, Coimbatore District.

... Appellant/3rd Respondent .Vs.

1.Rani 2.Sibisakkaravarthi 3.Abilakshmi ... Respondents 1 to 3/Petitioners 4.Seenivasan 5.Sundaramoorthy ... Respondents 4 & 5/ Respondents 1 & 2 PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act 1988, against the judgment and decree, dated 29.04.2013 passed in MCOP No.70 of 2011, on the file of the Motor Accident Claims Tribunal (Sub Court), Sankarankovil and set aside the same.

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For Appellant : Mr.G.Prabhu Rajadurai For Respondents 1 to 3 : Mr.M.Saravanan For R4 : No appearance For R5 : Mr.V.Minnavadi

JUDGMENT

DR.G.JAYACHANDRAN,J.

SUNDER MOHAN,J.

The learned counsel appearing for the parties submitted that the dispute being settled in the Lok Adalat on 10.04.2021, the Civil Miscellaneous Appeal has become infructuous.

2. A perusal of the records indicates that the Joint Compromise memo has been filed by the appellant and the respondents 1 to 3 stating that the award amount of Rs.49,50,000/- with 7.5% interest per annum being deposited in the credit of M.C.O.P.No.70 of 2011 and the same has been withdrawn by the claimants vide memo, dated 30.11.2016 and full satisfaction has been recorded by the Tribunal.

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3. In view of the above fact, nothing survives in the Civil Miscellaneous Appeal and hence, the appeal is dismissed. No costs. Consequently connected miscellaneous petition is closed.

[G.J.,J.] [S.M.,J.] 08.12.2022 Index : Yes / No Internet : Yes / No am To The Motor Accident Claims Tribunal, Sub Court, Sankarankovil.

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DR.G.JAYACHANDRAN, J.

SUNDER MOHAN,J.

am JUDGMENT MADE IN 08.12.2022 4/4