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Madras High CourtCMA(MD)/1095/2017disposed of

The Divisional Manager v. Tmt.Suganya

2023-09-20Honourable Dr Justice Anita Sumanth,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD)Nos.11175 of 2017, 2909 of 2018 & 6035 of 2019 The Divisional Manager, The United India Insurance Co. Ltd., Having its office at South Main Street, Thanjavur Town, Thanjavur District.

...Appellant /Vs./ 1.Suganya 2.Periyasamy

...Respondents

PRAYER:- Appeal - filed under Section 173 of the Motor Vehicles Act, to set aside the order passed by the Motor Accident Claims Tribunal / Special District Judge, Thanjavur in MCOP No.485 of 2016 dated 23.03.2017 as against the appellant and allow the appeal. 1/4

For Appellant : Mr.N.Dilip Kumar For Respondents : Mr.G.Karnan (R1) No appearance (R2)

JUDGMENT

(Judgment of the Court was made by DR.ANITA SUMANTH, J.) The parties have entered into an out of Court settlement and a memo dated 19.09.2023 is filed by the claimant / first respondent, where the first respondent / claimant has agreed to settle the dispute withdrawing a sum of Rs.20,00,000/- only, as against the amount deposit of Rs.20,49,021/-. The appellant also acquiesces to this arrangement.

2. The balance of the amount in deposit over and above the sum of Rs.20,00,000/- including interest if any, as set out in e-mail dated 20.09.2023 sent by the Regional Manager of the appellant Insurance Company addressed to the appellant counsel, may be withdrawn by the Insurance Company.

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3. In light of the arrangement entered into qua the parties and recording the same, this Civil Miscellaneous Appeal stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. [A.S.M.J.,] & [R.V.J.,] 20.09.2023 NCC :Yes/No Index :Yes/No Internet :Yes sm TO:

1.The Motor Accident Claims Tribunal / Special District Judge, Thanjavur.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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DR.ANITA SUMANTH, J.

AND R.VIJAYAKUMAR, J.

sm Judgment made in Dated:

20.09.2023 4/4