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Madras High CourtCMP(MD)/7322/2019withdrawn dismissed

Divisional Manager v. Amutha

2022-11-17Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR C.M.P.(MD)No.7322 of 2019 in C.M.A.(MD)No.SR48189 of 2018 Divisional Manager, The Oriental Insurance Company Ltd., 6-A, Bangur Dharmasala Sathiram, Melaveli Veethi, Madurai.

: Petitioner Vs.

1. Amutha 2.Minor Kamala Kannan 3.Minor Sajeevi Kannan (Minors respondents rep.by their mother/first respondent) 4.R.B.Senthilkumar : Respondents (4th respondent remained exparte before the lower Court) PRAYER in C.

M.P.(MD)No.7322 of 2019 : Civil Miscellaneous Petition is filed under Section 173(1) of Motor Vehicles Act, to condone the delay of 243 days in filing the appeal in C.M.A.(MD)No.SR48189 of 2018. PRAYER in C.M.A (MD)No.SR48189 of 2018 : Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, to set aside the 1/4

decree and judgment passed in M.C.O.P.No.27 of 2016, dated 27.10.2017, on the file of the Motor Accident Claims Tribunal and Additional District Judge, Paramakudi.

For Petitioner : Mr.E.Chandrasekaran

ORDER

When the matter is taken up for hearing today (ie.,17.11.2022), the learned counsel for the petitioner would submit that the matter has already been settled before the Lok Adalat conducted by the District Legal Services Authority. Hence, he seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect.

2. In view of the above, this Civil Miscellaneous Petition is dismissed as withdrawn. Consequently, C.M.A.(MD)No.SR48189 of 2018, is rejected at the SR stage itself. No costs. 17.11.2022 das 2/4

To

1. The Motor Accident Claims Tribunal and Additional District Judge, Paramakudi.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR .J., das C.M.P.(MD)No.7322 of 2019 in C.M.A.(MD)No.SR48189 of 2018 17.11.2022 4/4