(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 10.06.2005 passed in M.C.O.P.No.140 of 2003 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Sivagangai.)
1. The appellant/United India Insurance Company Limited filed the present civil miscellaneous appeal, challenging the award passed in M.C.O.P.No. 140 of 2003 dated 10.06.2005 by the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Sivagangai.
2. It is the case of injury caused due to the accident that took place on 07.05.2003 at about 08.00. p.m near Baganeri Sivagangai Road. The injured/victim, filed a claim petition seeking compensation before the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Sivagangai. The Tribunal, considering the facts and circumstances of the case awarded a sum of Rs.1,40,000/- as total compensation, against which, the appellant United India Insurance Company Limited preferred an appeal challenging the liability of the Insurance Company on the ground that the vehicle, which met with an accident was not involved in the accident.
3. On reading of the deposition and the finding of the Tribunal, this Court is of the view that such ground need not be entertained at this point of time and the compensation awarded by the Tribunal is just and proper and deserves no modification.
4. In the result, this Civil Miscellaneous Appeal is dismissed. No costs. The award passed in M.C.O.P.No.140 of 2003 dated 10.06.2005 by the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Sivagangai 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. Hence, the respondent/claimant is permitted to withdraw the entire award amount with proportionate accrued interest and costs through RTGS (Real Time Gross Settlement) by filing necessary application before the Tribunal concerned.