IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.11.2008 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.3289 of 2008 Tamil Nadu State Transport Corporation (Coimbatore Division I) Ltd., rep. By the Managing Director, Coimbatore. ... Appellant/2nd Respondent vs. 1. Smt.Sarasu 2. Smt.Raji 3. S.Vijaya 4. S.Ganesan (Minor) 5. S.Kala (Minor) 6. Mrs.Lingammal (Minors rep. By natural guardian and mother R1,Sarasu ) 7. Mr.N.Mariappan. (Given up) 8. Amen Hamsa 9. United India Insurance co. Ltd., City Branch No.1, P.B.No.3867, 448A, Dr.Nanjappa Road, Coimbatore 641 018 ... Respondents/Petitioners and Respondents 1,3 and 4 . . . Civil Miscellaneous Appeals filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 08.11.2000 passed in M.C.O.P.No. 314 of 1994 on the file of Motor Accident Claims Tribunal ( Sub Court) Udumalpet. . . . For appellant : Mr.G. Muniratnam For respondents : Mr.T. Murugamanickam R1 to R6 Mr.K.S.Narasimhan-R.9 . . . https://hcservices.ecourts.gov.in/hcservices/ JUDGMENT The State Transport Corporation is on appeal challenging the award dated 08.11.2000 passed in M.C.O.P.No. 314 of 1994 on the file of Motor Accident Claims Tribunal ( Sub Court) Udumalpet. 2. At the time of admission, learned counsel for the appellant fairly states that entire award amount was deposited and even before pursuing the appeal remedy, the entire award amount has been withdrawn by the claimants. 3. In National Insurance Co. Ltd., - vs. - Balbir Kaur & others, (Civil Appeal No.5340 of 2000 dated 30.4.2008), the Apex Court held as follows: "At the time of hearing of this appeal we are informed that the entire amount has been paid by the appellant in execution of the order. Such being the position, this appeal has become infructuous and is accordingly dismissed with no order as to costs, excepting that the question raised in the appeal shall be kept open for decision in an appropriate cases." Since the award amount has already been withdrawn, in view of the above decision, the Civil Miscellaneous Appeal is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. ra Sd/- Assistant Registrar / True Copy / Sub. Assistant Registrar To The Motor Accident Claims Tribunal, Sub Court,Udumalpet. 1 cc to Mr.G.Muniratnam, Advocate, SR.64581 1 cc to Mr.K.S.Narasimhan, Advocate, SR.63946 PA (CO) dv/12.1. CMA No. 3289 of 2008 https://hcservices.ecourts.gov.in/hcservices/