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2014 DIGILAW 1698 (MAD)

Petitioner v. Respondent

2014-06-25

S.MANIKUMAR

body2014
JUDGMENT S. Manikumar, J, 1. For the death of a 29 year old man, said to be an Air Conditioner Mechanic, the Claims Tribunal has awarded Rs.12,25,000/-as compensation. Questioning the quantum of compensation, more particularly, the application of multiplier method and deduction made, for computing the loss of contribution to the family, the appellant - Insurance Company has filed this appeal. 2. Record of proceedings shows that while entertaining this appeal, in M.P.No.1 of 2014, this Court has passed the following orders: “Notice. 2. There shall be an order of interim stay of operation of the award, dated 13.12.2012 made in MCOP No.161 of 2011 on the file of the Motor Accidents Claims Tribunal, Sub Court, Udumalpet, on condition that the appellant deposits a sum of Rs.10,00,000/- (Rupees ten lakhs only), less the amount already deposited if any, within a period of four weeks from the date of receipt of a copy of this order, failing which, the stay granted shall stand vacated automatically, without further reference to this Court.” 3. Learned counsel for the appellant - Insurance Company submitted that the Interim order dated 28.01.2014 passed in M.P.No.1 of 2014 has been complied with. Therefore, the Interim Stay granted on 28.01.2014 is made absolute. 4. Seeking permission of this Court to withdraw 50% of the amount deposited to the credit of MCOP No.161 of 2011 on the file of Motor Accidents Claims Tribunal, Sub Court, Udumalpet, M.P.No.2 of 2014 has been filed. 5. Mr.S.Arunkumar, learned counsel for the appellant - Insurance Company has no objection for permitting withdrawal. 6. I am satisfied with the reasons assigned in the affidavit filed in support of the Petition. Accordingly, the parents/claimants are permitted to withdraw 50% of the deposited amount with accrued interest and costs from the amount lying in deposit to the credit of MCOP No.161 of 2011 on the file of Motor Accidents Claims Tribunal (Sub Judge), Udumalpet, as apportioned by the Tribunal without furnishing security. The balance amount shall be invested in any one of the Nationalised Banks in a Fixed Deposit, proximate to the place of the residence of the claimants, initially for a period of three years, renewable thereafter pending disposal of the appeal. M.P.No.2 of 2014 is ordered.