Madras High CourtCMA(MD)/416/2018withdrawn dismissed

The Branch Manager v. J.Rajarathinam

2020-09-28Honourable Mr Justice S.S. Sundar2 pages

C.M.A.(MD)No.416 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2020

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR C.M.A.(MD)No.416 of 2018 and C.M.P.(MD)No.5279 of 2018 The Branch Manager, The New India Assurance Company Limited, 77/78, South Car Street, Sivakasi, Virudhunagar District.

: Appellant .. Vs ..

1.J.Rajarathinam 2.J.Sankareswari 3.J.Sankarammal 4.J.Kaliraj 5.A.R.Baskararaj 6.Kaliappan 7.Jeyapandi : Respondents (R2, R3 and R4 are declared as major and their guardianship were discharged as per order of this Court, dated 08.02.2019 in C.M.P. (MD)Nos.9815 to 9817 of 2018) PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the judgment and decree of the Motor Accidents Claims Tribunal (Subordinate Court), Sivakasi, in M.C.O.P.No.89 of 2010, dated 16.03.2017.

For Appellant :Mr.J.S.Murali For R1 to R4 :Mr.Suri For R5 and R7 : Ex parte For R6 :No Appearance

JUDGMENT

The learned Counsel for the appellant has circulated a letter requesting the Registry to list the appeal under the caption "for withdrawal", as he has received instructions from the Insurance Company to withdraw this appeal.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.A.(MD)No.416 of 2018 2.Accordingly, this appeal is listed today under the caption "for withdrawal" and the learned Counsel for the appellant seeks permission of this Court to withdraw this appeal. Permission is granted.

3.Recording the letter and the statement of the learned Counsel for appellant, this Civil Miscellaneous Appeal is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Subordinate Judge, (The Motor Accidents Claims Tribunal), Sivakasi. 2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

(2 - Copies) +1 CC to M/s.M. SURI, Advocate ( SR-18179[F] dated 28/09/2020 ) +1 CC to M/s.J.S. MURALI, Advocate ( SR-18323[F] dated 29/09/2020 ) C.M.A.(MD)No.416 of 2018 28.09.2020 cmr SDS (05.10.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2