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Judgment
M.V. Muralidaran, J
This appeal has been filed dated 20.02.1007 made in O.P.No.87 of 2004 on the file of the Mottor Accident Claims Tribunal, Subordinate Judge, at Mettur.
On 01.01.2003 the 1st respondent herein was travelling in a tempo bearing Registration No.TN-55-5899 for selling tomatoes in the Erode Vegetable Martket. When the tempo was crossing from Sangagiri to Pallipalayam the tempo back tyre was bursted and the tempo was capsized. In the result the 1st respondent herein sustained grievous injuries. The accident occurred only due to the rash and negligent driving by the driver of the tempo. Hence, the first respondent herein has filed M.C.O.P.No. 87 of 2004, before Motor Accidents Claims Tribunal, Sub ordinate Judge at Mettur, seeking for a compensation of Rs.1,00,000. The Tribunal, on a consideration of oral and documentary evidence, has awarded a sum of Rs.20,000/-payable with interest at the rate of 7.5% per annum.
Challenging the same as excessive and disproportionate, the appellant has filed this appeal.
Heard the arguments of the learned counsel for the appellant and perused the materials available on record. Notice was ordered on the respondents and the same is yet to be completed for service.
It is seen from the records that some other persons including who had met the accident on 01.01.2003, have filed C.M.A.Nos .Nos.318,317,325, 2030 and 2047 of 2008, before this Court and the same was disposed, vide order dated 26.07.2012. The relevant portion of the said order is extracted hereunder:
" According to the learned counsel for the appellant Insurance Company, in C.M.A.No.2030 of 2008, the appellant Insurance Company has deposited 50% of the award amount. In view of this Judgment passed in C.M.A.No.2030 of 2008, the appellant Insurance Company is directed to deposit the balance 50% of the award amount with interest at the rate of 7.5% per annum and if any amount had been deposited by the appellant Insurance Company in respect of other appeals, the appellant Insurance Company is entitled to withdraw the same. As far as the owner of the vehicle, viz., S. Dharmalingam is concered, as held above within a period of four months from the date of receipt of a copy of this order ,he is directed to make the payment to the claimants.
With the above direction and observation, these Civil Miscellaneous Appeals are disposed of. No Costs. Connected Miscellaneous petitions are closed.
In view of the Judgment pronounced by this Court in respect for the same accident, this Court does not intend to take a different view in this matter.
In the result,
(a) this appeal is disposed
(b) the appellant/Insurance company is directed to withdraw 50% of the amount already deposited and the 2nd respondent/owner of the vehicle is directed to make payment to the claimant within a period of four months from the date of receipt of a copy of this Order.
(c) On such deposit, the petitioner/ claimant is permitted to withdraw the amount awarded as above by filing proper application before the Tribunal.
(e) There will be no order as to costs.
(f) Consequently, connected miscellaneous petition is closed.