(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 29.11.2008 and made in M.C.O.P.No.37 of 2007, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Tuticorin.)
1. The appellant/New India Assurance Company Limited has filed the present C.M.A(MD)No.386 of 2009, challenging the award passed in M.C.O.P.No.37 of 2007, dated 29.11.2008, on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Tuticorin.
2. It is a case of the grievous injury and the claimant filed the application for compensation. Considering the facts and the circumstances of the case, the Tribunal awarded Rs.9,53,425/- as total compensation.
3. The contention of the learned counsel appearing for the first respondent/claimant is that the lorry insured with the first respondent dashed with the Ambassador Car, in which the respondent/claimant was travelling. Considering the facts and the circumstances of the case, the Tribunal awarded 50/50 to both the Insurance Companies namely respondents 2 and 3. Objecting the above order of the Tribunal granting 50/50 liability to two Insurance Companies, the present appellant filed this appeal. In respect of other aspects, no serious objection has been raised and therefore the award passed by the Tribunal is confirmed.
4. Except this fact, it is stated by the first respondent/claimant that there is no specific finding on these aspects and therefore, this Court is not inclined to interfere with the award passed by the Tribunal and accordingly, the order passed by the Tribunal in MCOP.No.37 of 2007, dated 29.11.2008, is confirmed and the present Civil Miscellaneous Appeal is dismissed. No costs.
5. It is represented by both the learned counsels for the appellant/New India Assurance Company and the third respondent that their respective portion of compensation amount had already been deposited and accordingly, the first respondent/claimant is permitted to withdraw the entire award amount along with accrued interest and costs by making necessary application before the Tribunal forthwith. No costs.