Petitioners sought withdrawal of their apportioned compensation and costs while directing deposit of the minor sister's share, settling a dispute regarding the Motor Accident Claims Tribunal award.
Withdrawal allowed for Petitioners 1 & 2 with interest/costs; minor sister's share directed to be deposited with the Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.P.No.20456 of 2022 in C.M.A.No.1419 of 2021
C.M.P.No.20456 of 2022 in
C.M.A.No.1419 of 2021
RMT.TEEKAA RAMAN, J.
The Civil Miscellaneous Appeal has been filed by the claim Petitioners in MCOP.No.585 of 2017 seeking enhancement of
compensation. It is represented that the Insurance Company has already deposited the entire amount awarded by the Tribunal and so far the Insurance Company has not filed any Appeal. The claim Petitioners filed the present Miscellaneous Petition viz., C.M.P.No.20456 of 2022, to permit the Petitioners 1 & 2 to withdraw their apportioned amount together with interest and costs deposited to the credit of MCOP.No.585 of 2017, on the file of the Motor Accident Claims Tribunal/Principal District Judge, Perambalur.
2.The 1st Petitioner is the Father of the deceased, 2nd Petitioner is the Mother of the deceased and the 3rd Petitioner is the minor sister of the deceased. Petitioners 1 & 2 are permitted to withdraw the award amount as per the apportionment made by the Tribunal with proportionate accrued interest and costs, by filing necessary application before the Tribunal. In
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C.M.P.No.20456 of 2022 in C.M.A.No.1419 of 2021
respect of share amount of the 3rd Petitioner, the same shall be deposited as
per the award passed on 23.12.2020 in MCOP.No.585 of 2017, on the file of
the learned Principal District Judge, Perambalur.
20.12.2022
sai
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C.M.P.No.20456 of 2022 in C.M.A.No.1419 of 2021
RMT.TEEKAA RAMAN, J.
sai
C.M.P.No.20456 of 2022 in C.M.A.No.1419 of 2021
Dated: 20.12.2022
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2 issues framed by the court
Whether petitioners 1 and 2 are permitted to withdraw their apportioned compensation amount with interest and costs.
Whether the share of the minor third petitioner should be deposited as per the Tribunal's award.
RMT. TEEKAA RAMAN
Insurance Company
THEEKA RAMAN, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
