(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 07.03.2005 passed in M.C.O.P.No.73 of 1991 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Periyakulam.)
The appellant/United India Insurance Company Limited filed the present civil miscellaneous appeal, challenging the award passed in M.C.O.P.No.73 of 1991 dated 07.03.2005 by the Motor Accident Claims Tribunal (Subordinate Judge), Periyakulam.
2. It is a case of fatal accident that took place on 30.08.1989 at about 21.45 hours near Periyakulam - Theni Main Road. The injured/victim, filed a claim petition seeking compensation before the Motor Accident Claims Tribunal (Subordinate Judge), Periyakulam. The Tribunal, considering the facts and circumstances of the case awarded only a sum of Rs.25,000/- as total compensation under the head no fault liability, against which, the appellant United India Insurance Company Limited preferred the appeal on the ground that the deceased himself tort-feasor and therefore, the appellant Insurance company ought to have been exonerated fully.
3. Without going into the merits of the case, this Court is of the view that the accident took place on 30.08.1989 and at the time of accident, the deceased was 24 years and an unmarried person. His mother is a claimant. That apart, the Tribunal granted only a meagre sum of Rs.25,000/- as compensation under the head of no fault liability. Therefore, this Court is not inclined to interfere with the award passed by the Tribunal.
4. In the result, this Civil Miscellaneous Appeal is dismissed. No costs. The award passed in M.C.O.P.No.73 of 1991 dated 07.03.2005 by the Motor Accident Claims Tribunal (Subordinate Judge), Periyakulam is confirmed. Consequently, connected miscellaneous petition is closed.
5. The learned counsel appearing for the appellant/Insurance Company represented that the entire award amount had already been deposited to the credit of the claim petition. Hence, the first respondent/claimant is permitted to withdraw the entire award amount with accrued interest and costs through RTGS (Real Time Gross Settlement) by filing necessary application before the Tribunal concerned.