Heard the learned counsel on either side.
2.The Insurance company has filed this appeal questioning the impugned award on the ground of negligence as well as quantum.
3.The accident took place on 30.05.2001. The deceased was travelling in a lorry insured with the fifth respondent herein. When it was attempted to overtake an auto, it got involved in a head on collision with a bus insured with the appellant herein.
4.The Tribunal after perusing the material on record chose to apportion liability equally on both the bus driver as well the lorry driver. Therefore, the appellant Insurance company and the fifth respondent herein were directed to bear liability in equal shares. The award is for a sum of Rs.4,92,000/-. Liability of the appellant is only for a sum of Rs.2,46,000/- . The Tribunal correctly apportioned liability and also quantified the compensation amount. There is no reason to interfere with the same.
5.The award dated 14.10.2006 made in M.A.C.O.P.No.96 of 2001, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Nagercoil is confirmed.
6.The appellant and the fifth respondent is directed to deposit the compensation amount of Rs.2,46,000/- each with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimants are entitled to withdraw the same, as apportioned by the Tribunal, less the amount already withdrawn by them, if any, by filing proper application before the Tribunal. The share of the minor claimant No.2 shall be deposited in any one of the Nationalised Bank till attainment of majority. The natural guardian, the first respondent is permitted to withdraw the interest therefrom once in three months directly from the Bank.
7.This Civil Miscellaneous Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The Chief Judicial Magistrate Judge, The Motor Accident Claims Tribunal, Nagercoil.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
.