CMA(MD).No.1261 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Seventh day of December Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice S.ANANTHI CMA(MD).No.1261 of 2011 United India Insurance Co., Ltd., New No.788,First Floor, Indian Building, Coimbatore-18, Coimbatore District. Appellant/Respondent No.2 Vs 1.Kavitha 2.Minor Azhagu Gayathri 3.Minor Muthuraman 4.Sornam Respondents1to4/Petitioners 5.P.Periakaruppan 5th Respondent/1st Respondent 6.Tamil Nadu State Transport Corporation. Rep.by its Administrate Director, Kumbakonam Division 3, Maruthupathi Nagar, Karaikudi, Sivagangai District. 6th Respondent/3rd Respondent (Minor respondens 2 and 3 represented by their mother and natural guardian 1st respondent) Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the order of the Tribunal of Motor Accidents Claims Tribunal cum Sub Court, Devakottai made in M.C.O.P.No.117 of 2006, dated 03/09/2010. 1/3 https://hcservices.ecourts.gov.in/hcservices/ CMA(MD).No.1261 of 2011 DECREE:- This civil Miscellaneous appeal having come up for hearing on this day, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of Mr.C.Jawahar Ravindran, Advocate for the Appellant and of Mr.N.Tamilmani, Advocate for the Respondents 1 to 3 and the Respondents 4 to 6 are not appeared either in person or by an Advocate and in pursuance of the submission made by the counsel for the Appellant/United India Insurance Company Limited submitted that they have already deposited 50% of the entire compensation awarded by the tribunal and this Court, while Allowing this Civil Miscellaneous Appeal in Part and modifying the liability fixed by the tribunal below, doth order and decree as follows:- (1) that the award passed by the Motor Accidents Claims Tribunal cum Sub Court, Devakottai made in M.C.O.P.No.117 of 2006, dated 03/09/2010 be and hereby is confirmed. (2)that the Appellant herein/Insurance Company be and hereby is liable to pay only 25%. (3)that the 6th Respondent herein/Transport Corporation be and hereby is directed to pay 75% of the compensation awarded by the Tribunal together with proportionate interest at the rate of 6% interest from the date of appeal till the date of payment to the credit of MCOP.No.117 of 2006 on the file of the Motor Accident Claims Tribunal/Sub Court, Devakottai within a period of six weeks from the date of receipt of copy of this Judgment. (4)that the Appellant herein/United Insurance Company be and hereby is permitted to withdraw the balance (25% of the compensation awarded by the tribunal together with proportionate interest),after following due process of law. (5)that the Respondents 1 and 4 are herein/Petitioners 1 and 4 be and hereby are permitted to withdraw their share of compensation, as apportioned by the Tribunal, after following due process of law. (6)that the Minor Respondents 2nd and 3rd herein/Minor Petitioners 2 and 3 be and hereby are directed their share of compensation amount, as apportioned by the tribunal, is ordered to be deposited in any one of the Nationalized Bank, in a Fixed Deposit, initially for a period of three years, renewable thereafter, until they attain majority. (7)that the 1st Respondent herein/1st Petitioner be and hereby is permitted to withdraw the interest directly from the bank, once in three months in order to maintain the minors. 2/3 https://hcservices.ecourts.gov.in/hcservices/ CMA(MD).No.1261 of 2011 (8)that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TO The Motor Accidents Claims Tribunal/ Cum Sub Judge, Devakottai. Copy to: The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1CC to Mr.N.Tamilmani, Advocate in S.R.No.37651 ORDER DATED :07/12/2021 ========================== DECREE ========================== CMA(MD).No.1261 of 2011 While Allowing this Civil Miscellaneous Appeal in Part and modifying the liability fixed by the tribunal below as against the Motor Accidents Claims Tribunal cum Sub Court, Devakottai made in M.C.O.P.No.117 of 2006, dated 03/09/2010..and direction etc.,as stated therein. MK/25.01.2022/3P/5C 3/3 https://hcservices.ecourts.gov.in/hcservices/