Court permitted claimants to withdraw 75% of deposited motor accident compensation. Minor claimants' shares remain in Fixed Deposit for two years.
Major claimants permitted to withdraw 75% of deposited compensation; minors' shares retained in fixed deposit.
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.
R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
CMP.No.5136 of 2024 in CMA.No.2921 of 2023
The petitioners seek permission to withdraw the amount that was deposited pursuant to the interim order of this Court made in the stay petition viz., CMP.No.27434 of 2023.
2. The claimants were awarded a compensation of Rs.26,87,000/- for
the death of one Iyyappan in a motor accident that took place on 30.12.2017. While admitting the appeal, this Court had granted stay on condition the Insurance Company deposits 75% of the compensation into Court.
3. This conditional order has been complied with.
4. On a over all analysis, we find that the claimants can be permitted
to withdraw the entire amount of 75%, as the appeal by the Insurance Company is only on quantum and non-deduction of any amount towards contributory negligence on the part of the deceased, since he was not wearing a helmet. A cross-objection has also been filed.
1/2
R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
dsa
5. The Tribunal has taken the monthly income at Rs.13,000/-, which cannot be said to be very high. Hence, we find that it will be in the interest
of justice to permit the petitioners to withdraw the entire compensation so deposited. The major claimants viz., the petitioners 1, 4 and 5 are permitted to withdraw 75% of the amount as apportioned to them by the Tribunal with proportionate interest. The shares of the minor claimants is directed to be kept in a cumulative interest earning Fixed Deposit in a Nationalized Bank initially for a period of two (2) years.
6. This petition is ordered accordingly.
(R.S.M., J.) (R.S.V., J.) 15.03.2024
dsa
CMP.No.5136 of 2024 in CMA.No.2921 of 2023
2/2
1 issue framed by the court
Whether the deposited compensation amount can be withdrawn given the limited scope of the Insurance Company's appeal.
Claimants
Insurance Company
R.SUBRAMANIAN
R.SAKTHIVEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
