Dismissed¶27

The New India Assurance Co. Ltd. v. Yasotha

Madras HC28 Apr 2026CMA/2028/2023

Case brief

AI extract

What is this about?

Withdrawal of motor accident compensation appeal: New India Assurance Co. Ltd withdrew CMA No. 2028 of 2023 (Section 173, Motor Vehicles Act, 1988) challenging the award dated 08-07-2022 in MCOP.No.798 of 2020 of the Special District Judge/MCOP Tribunal, Salem, in a claim by Yasotha, Kanishka, minor Harini (rep. by mother Yasodha) and Saraswathi; fifth respondent Karpaga Vingayga Blue Mettal was ex parte before the tribunal; appeal dismissed as withdrawn, no costs; connected C.M.P.No.19644 of 2023 closed; Madras High Court, Justice K. Kumaresh Babu, dated 28-04-2026.

What did the court decide?

Permission granted to the appellant to withdraw the appeal; appeal dismissed as withdrawn with no order as to costs and the connected miscellaneous petition closed. ¶27

The New India Assurance Co. Ltd. Vs Yasotha — Motor Accident Claims | Madras HC (2026)

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CMA No. 2028 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 28-04-2026

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CORAM

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THE HON'BLE MR.JUSTICE K.KUMARESH BABU

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CMA No. 2028 of 2023 and

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C.M.P.No.19644 of 2023

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M/s.The New India Assurance Co. Ltd Rep.by its Divisional Office, having office at Sedu Krishna Trade Centre, 2^nd Floor, Trichy Main Road, Gugai, Salem.

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..Appellant(s)

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Yasotha

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Kanishka

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Minor.Harini Rep.by her next friend/guardian/mother Yasodha.

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Saraswathi

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Karpaga Vingayga Blue Mettal having office at Sadayampalayam, Punnum Post, Aravakurichi Tk, Karur Dist.

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(5^th respondent was set exparte before the lower Court)

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..Respondent(s)

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Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, praying to set aside the Award dated 8^th day of July, 2022 made in MCOP.No.798 of 2020 on the file of the Special District Judge, (Commercial Court), Holding full Additional Charge for Special District Court, MCOP Tribunal at Salem.

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For Appellant(s): Ms.T.Raja Nandhini For Respondent(s): For RR1, R2 and R4 – Not ready in notice For R3 – Minor. Rep by R1 For R5 – Exparte (JR AS) vide order dated 22.01.2024

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__________ Page1 of 2

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https://www.mhc.tn.gov.in/judis

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CMA No. 2028 of 2023

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K.KUMARESH BABU, J.

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JUDGMENT

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This Civil Miscellaneous Appeal has been filed to set aside the Award dated 8^th day of July, 2022 made in MCOP.No.798 of 2020 on the file of the Special District Judge, (Commercial Court), Holding full Additional Charge for Special District Court, MCOP Tribunal at Salem.

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When the matter is taken up for hearing, the learned counsel appearing for the appellant would seek permission of this Court to withdraw this civil miscellaneous appeal. She has also made an endorsement to that effect.

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Recording the submission and endorsement made by the learned counsel for the appellant, this Civil Miscellaneous Appeal stands dismissed as withdrawn. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

28-04-2026

Index: Yes/No kak

The Special District Judge, (Commercial Court), Holding full Additional Charge for Special District Court, MCOP Tribunal at Salem.

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CMA No. 2028 of 2023

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__________ Page2 of 2

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