Madras High CourtCMA(MD)/730/2018dismissed

M. Dayanithi, v. Rajalingam,

2022-02-01Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.M.A.(MD)No.730 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.M.A.(MD)No.730 of 2018 M.Dayanithi ...Appellant/2nd Respondent Vs.

1.Rajalingam ...1st Respondent/Petitioner 2.S.Govindaraj 3.Dr.R.V.S.Surendiran ...2nd & 3rd Respondents/ 1st & 3rd Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to set aside the fair and decreetal order, dated 09.03.2018 made in MCOP.No.655 of 2017 on the file of the Motor Accident Claims Tribunal (Special Sub Court for MCOP Cases), Thanjavur and allow the above appeal.

For Appellant : Mr.S.Srinivasa Raghavan For R1 : Mr.N.Tamilmani For R2 : Mr.S.K.Mani For R3 : Mr.R.Murugapoopathy

JUDGMENT

This Civil Miscellaneous Appeal has been filed to set aside the fair and decreetal order, dated 09.03.2018 made in MCOP.No.655 of 2017 on the file of the Motor Accident Claims Tribunal (Special Sub Court for MCOP Cases), Thanjavur.

2.When the matter is taken up for hearing, the learned counsel for the first respondent has filed a Full Satisfaction Memo, stating that the first respondent, who was the claimant in the claim petition in MCOP.No.655 of 2017, had received a sum of (*) Rs.2,00,000/-(Rupees two lakhs only) from the appellant herein/2nd respondent in full quit and without interest. The first respondent/claimant hereby records his full satisfaction of the claim amount in MCOP.No.655 of 2017. The said Full Satisfaction Memo is recorded.

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C.M.A.(MD)No.730 of 2018 3.Recording the memo filed by the learned counsel for the first respondent, this Civil Miscellaneous Appeal is dismissed as settled out of Court. No costs.

Sd/- Assistant Registrar (CS.I) (*) Corrected as per the order of this court dated 16.03.2022 made in CMA(MD).No. 730 of 2018 Sd/- Assistant Registrar (CS.I) // True Copy // / /2022 Sub Assistant Registrar(CS) Note: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 (*) to be substituted the order already despatched on 09.03.2022 1.The Motor Accident Claims Tribunal/ Special Sub Court for MCOP Cases, Thanjavur.

2.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +2cc to Mr.S.SRINIVASA RAGHAVAN, Advocate Sr.No.3443 +1cc to Mr.N.TAMILMANI, Advocate Sr.No.3286 C.M.A.(MD)No.730 of 2018 01.02.2022 SA(05.03.2022) 3P 7C SK(CO) KB(23.03.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2