IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 3-11-2008 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.3118 of 2004 The New India Assurance Co. Ltd., Branch Office, 12, New Hospital Road, Gobichettipalayam, Erode District. ... Appellant/3rd Respondent vs. 1.S.M.Murugan, 2.A.Nagaraj, 3.V.Kothandam. (Respondent No.2 was given up as unnecessary in CMA) ... Respondents/petitioner and Respondents 1 and 2 Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree dated 29.8.2003 passed in M.C.O.P.No.79 of 2001 on the file of the Motor Accidents Claims Tribunal (II Additional Sub Court), Gobichettipalayam. For appellant : Mr.N.Vijayaraghavan For respondents : Mr.Ma.P.Thangavel for R1 : R2 Given up : R3 No appearance. JUDGMENT Learned counsel appearing for the appellant filed a memo which reads as follows:- "The appellant insurance company submits as follows: 1. The appellant insurance company encloses letter dated 13.06.2008 from the claimant's counsel agreeing not to press the https://hcservices.ecourts.gov.in/hcservices/ MCOP filed by them and the letter dated 25.08.2008 issued by the insurance company to the said counsel agreeing to withdraw the appeal and also agreeing for compounding of the offences for which there is a criminal case pending before Judicial Magistrate Court, Sathyamangalam in CC No.247/2006, since upon the decision of the claimant not to press the MCOP the insurer company has suffered no loss. 2. It is therefore submitted that this Hon'ble Court may be pleased to record this memo and dismiss the appeal as withdrawn with liberty to the appellant insurance company to withdraw the entire amounts deposited by them before the Lower Court. 3. In view of the recording of this Memo and disposal of the appeal in terms hereinabove, the appellant insurance company may be permitted to withdraw the amount deposited by them and lying to the credit of MCOP No.79/2001, before the Motor Accidents Claims Tribunal, II Addl. Subordinate Court, Prl. Subordinate Court, Addl. Charge, Gobichettipalayam, with accrued interest thereon in the interest of justice. Dated at Madras this the 31st day of October 2008." The photocopy of claimant's counsel letter dated 13.6.2008 addressed to the insurance company, enclosed along with the memo filed by the appellant is taken on file. The letter dated 13.6.2008 reads as follows:- "I have instructions from clients/ claimant in the above claim not to press the MCOP No.79/2001, Gobi. And the awards passed/Dismissed for default in the same, for reasons of his own. They have admitted that he is not interested in pursuing the claim and as such shall not execute the awards also. He is agreeable for the MCOP's to be treated as dismissed as not pressed. You may also therefore withdraw the appeals, CMPs filed against the award pending before the Honorable High Court, Madras. You are, at https://hcservices.ecourts.gov.in/hcservices/ liberty to withdraw the amounts, if any deposited by you pursuant to orders of Honorable High Court, Madras or any E.P. filed by my client. Accordingly my client would request you to confirm the withdrawal of MCOP against you and no liability being fastened on you and therefore agree for compounding of the offences before the Honorable Judicial Magistrate Sathyamangalam (C.C.247/06) by filing a memo to this effect. In affirmation of his consent as above my client as also signed this letter." The photocopy of insurance company's letter dated 25.8.2008 addressed to claimant's counsel, enclosed along with the memo filed by the appellant is taken on file. The letter dated 25.8.2008 reads as follows:- "We are in receipt of your letter 13.06.2008, and noted the contents. We are satisfied that your client has agreed, not to press the MCOP. We shall arrange to have the CMA/CMP withdrawn before the Honourable High Court, Madras, with permission to withdraw the amounts deposited by us. Since no liability would arise on us, and that we are advised that the offences alleged may be compoundable, we would agree, not to press the complaint lodged by us, and shall file a Memo before the concerned Court upon withdrawal of the MCOPs." 2. In view of the letter addressed by the claimant's counsel to the insurance company and the reply letter addressed to the claimant's counsel by the insurance company, and also the memo filed by the appellant, the appeal is disposed of with liberty to the appellant to withdraw the deposited amount in its entirety lying in court deposit to the credit of M.C.O.P.No.79 of 2001 before the Motor Accidents Claims Tribunal (II Additional Sub Court, Gobichettipalayam on proper verification. The photocopy of letter dated 13.6.2008 given by the claimant's counsel, the photocopy of the reply letter dated 25.8.2008 given by the https://hcservices.ecourts.gov.in/hcservices/ insurance company to the claimant's counsel and the memo filed by the appellant are to form part of this judgment. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. (enclosed herewith xerox copy of memo ) ts To 1. The II Additional Subordinate Judge, (Motor Accidents Claims Tribunal), Gobichettipalayam. 2. The Record Keeper VR Section, High Court, Madras 1 cc to Mr.N. Vijayaraghavan, Advocate, SR. 61516 C.M.A.No.3118 of 2004 JSV (CO) kk 4/12 https://hcservices.ecourts.gov.in/hcservices/