(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the award of Rs.90,000/- (Rupees Ninety Thousand only)passed in M.C.O.P.No.393 of 2007, dated 20.08.2008 on the file of the Motor Accidents Claims Tribunal cum Additional District Court(FTC.II), Tirunelveli.)
1. It is a tragic accident took place on 05.02.2007, at about 8.20 a.m., at Nanguneri Vagaikulam, opposite to Pannirupudu Iyyan College. It is a case of direct head on collision between the bus belongs to Transport Corporation and the insured Omni-bus with the appellant/Insurance Company.
2. In the tragic accident, nine persons died on the spot and fourteen persons grievously injured. Batch of claim petitions were filed by the respective claimants and the heirs of the deceased.
3. The learned counsel for the appellant fairly submits that some of the cases were settled before the Lok Adalat, before the Court below and the compensation amounts were settled to those claimants.
4. The learned counsel for the appellant/Insurance Company contented that the present appeal has been preferred mainly on the ground of contributory negligence on the part of the Driver, who was driving the Transport Corporation bus and therefore, the Tribunal ought to have fixed contributory negligence on the part of the driver of the Transport Corporation bus and the liability fixed on the appellant/Insurance Company, is to be reduced.
5. Such contention, at this point of time, cannot be considered in view of the fact that some of the cases were settled before the Lok Adalat, before the Court below and the compensation amounts were settled to those claimants and therefore, equal and just compensation is to be maintained in respect of other claimants also.
6. Under these circumstances, this Court is not inclined to consider the ground raised in the present appeal and accordingly, the same is rejected.
7. Accordingly, this Civil Miscellaneous Appeal is dismissed and the award made in M.C.O.P.No.393 of 2007, dated 20.08.2008, on the file of the learned Additional District Judge, Motor Accident Claims Tribunal, Fast Track Court No.2, Tirunelveli, is confirmed.
8. It is represented by the learned counsel for the appellant that 50% of the award amount had already been deposited and therefore, the appellant/Insurance Company, is directed to deposit the balance award amount with accrued interests and costs, within a period of four weeks from the date of receipt of a copy of this order and thereafter, the first respondent/claimant is permitted to withdraw his share as per the ratio of apportionment made by the Tribunal from the award amount with proportionate interest and costs, through RTGS, by filing necessary application before the Tribunal concerned. No Costs. Consequently, connected Miscellaneous Petition is closed.