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2012 DIGILAW 725 (BOM)

New India Assurance Company Limited v. Sou. Sukhman wd/o Punram Uikey

2012-03-31

M.N.GILANI

body2012
Judgment The original respondent o.4 -New India Assurance Company Limited has filed this appeal against the award passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No.687/1995, whereby the compensation of Rs.1,95,000/-was awarded and in that Rs.25,000/-was ordered to be given to the claimant no.2-mother and balance amount to the claimant no.3 sister of the deceased. 2. While the deceased was driving Tempo Trax bearing MH 31-G-8754 on Hazratpur-Agra Road, Truck bearing No.RRD-6179 owned by the respondent no.5 herein and insured with the appellant dashed against the Tempo Trax. In that the deceased suffered injuries and died. During the pendency of the petition the father died. As a result thereof the married daughter being legal heir was arrayed as petitioner no.3. 3. Mrs. Khade, learned counsel appearing for the appellant raised only ground of apportionment of the compensation. According to the learned counsel, the Tribunal should not have apportioned the amount of compensation, as has been done in the award. 4. It seems that there was a typographical error in passing the order of apportionment of the amount under award. Clause 3 in the operative part of the order reads as under: "(iii) Out of the deposited amount Rs.25,000/-be paid to petitioner no.2 and remaining amount be paid to petitioner no.3." 5. Obviously, instead of awarding the amount of Rs.25,000/-to the petitioner no.3 -Bali Punaram Uikey (sister), and awarding rest of the amount to the respondent no.2 Sikhman wd/o Punaram Uikey (mother), the learned Tribunal did the reverse. In that light of the matter, the mother would get the entire amount of compensation (except the token amount of Rs.25,000/-) granted to the married sister. Therefore, appeal is allowed. Apportionment of the compensation amount granted by the Tribunal shall be as under: The petitioner -Bali Punaram Uikey sister of the deceased shall be paid Rs.25,000/-and rest of the amount and interest accrued thereon shall be paid to the petitioner no.2 Sukhman wd/o Punaram Uikey i.e. the mother of the deceased. Out of the entire amount lying with this court, half of the amount be invested in a fixed deposit in the name of petitioner no.2 Sukhman wd/o Punaram Uikey in any nationalised bank, convenient to her and balance amount be paid to her by cross-cheque. Under the facts and circumstances, parties are left to bear their own costs.