(Prayer:-Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award made in M.C.O.P.No.2726 of 2004, dated 27.04.2007, on the file of the Motor Accidents Claims Tribunal cum Principal District Court, Madurai.)
1. The appellant/Oriental Insurance Company Limited has filed the present C.M.A(MD)No.1263 of 2009, challenging the award passed in M.C.O.P.No.2726 of 2004, dated 27.04.2007, on the file of the Motor Accidents Claims Tribunal-cum-Principal District Court, Madurai.
2. The unfortunate accident of fatal took place on 20.09.1996 at about 2.30 p.m. in New Natham Road in front of Ramakrishna Mud, Madurai City. The death occurred due to the severe head injury and the married elder sister of the deceased filed the claim petition claiming compensation before the Motor Accidents Claims Tribunal-cum-Principal District Court, Madurai, in MCOP.No.2726 of 2004.
3. The fact remains that the owner of the vehicle was none other than the father of the deceased, who was also died and therefore, necessarily the Insurance Company alone is responsible to pay the compensation for the fatal accident took place and the learned counsel appearing for the appellant fairly conceded the facts as stated above.
4. In view of the facts and circumstances of the case, this Court is not inclined to consider the appeal and accordingly, the award passed by the Motor Accidents Claims Tribunal-cum-Principal District Court, Madurai, in MCOP.No.2726 of 2004, dated 27.04.2007, is confirmed and the Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected M.P.(MD) No.1 of 2009 is closed.
5. The learned counsel appearing for the appellant represented that 50% of the award amount has already been deposited and therefore, the appellant is directed to deposit the balance award amount of 50% with accrued interest within a period of four weeks from the date of receipt of a copy of this order and the respondents / claimants are permitted to withdraw the entire award amount along with accrued interest and costs by making necessary applications before the Tribunal.