National Insurance Co. Ltd vs Bakkiyalakshmi on 21 November, 2008

       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-11-2008

CORAM

THE HONOURABLE MR.JUSTICE R.SUDHAKAR

C.M.A.No.2278 of 2003 


			
National Insurance Co. Ltd.,
Post Box No.14,
74-A, Paramathy Road,
Namakkal Town, 
Namakkal District.                              ... Appellant/2nd Respondent

			      vs.

1.Bakkiyalakshmi, 
2.Meenakshi,
3.Minor Raja, represented
   by mother and next friend
   2nd respondent.
4.A.Selvi.

(4th respondent ex parte
in lower court).                                    ... Respondents/
				          petitioners 1 and 3 
				          and 1st respondent 
                                                                  

	Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree dated 30.9.2002 passed in M.C.O.P.No.436 of 1996  on the file of the Motor Accidents Claims Tribunal (Sub Court), Namakkal.
					
	For appellant              :  Mr.N.Vijayaraghavan	

	For respondents 1 to 3:  Mr.C.Regurajan.

			         -----
JUDGMENT

Learned counsel appearing for the appellant filed a memo which reads as follows:-

“The appellant submits as follows:

1. The appellant insurance company submits that the claimants have agreed to withdraw MCOP No.436/1996 on the file of Motor Accident Claims Tribunal, Namakkal and not press the award passed in their favour and issued a letter dated 29.10.2008, copy enclosed.

2. Hence the insurance company submits that the appeal may be disposed of as withdrawn and the insurance company may be permitted to withdraw the deposits made by them and lying to the credit of MCOP No.436/1996, on the file of Motor Accidents Claims Tribunal, Namakkal, in the interest of justice.

Dated at Chennai on this the 30th day of October 2008.”

The photocopy of claimants’ letter dated 29.10.2008 enclosed along with the memo filed by the appellant is taken on file. The letter dated 29.10.2008 reads as follows:-

VERNACULAR (TAMIL) PORTION DELETED

2. In view of the letter given by the claimants and the memo filed by the appellant, the appeal is disposed of with liberty to the appellant to withdraw the deposited amount lying in court deposit to the credit of M.C.O.P.No.436 of 1996 in accordance with law. The photocopy of letter given by the claimants and the memo filed by the appellant are form and part of the decree. No costs.

ts

To

The Subordinate Judge,
(Motor Accidents Claims Tribunal),
Namakkal