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2014 Supreme(Ker) 565

K.VINOD CHANDRAN
Sreerangan – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates Appeared:
For the Petitioner:O. Ramachandran Nambiar, Geen T. Mathew, Advocates.
For the Respondents:R1 & R2, P.G. Ganappan, Advocate.

JUDGMENT

K. VINOD CHANDRAN, J.

1. The petitioner is one of the claimants in O.P. (MV) No. 1213 of 2005, before the Motor Accidents Claims Tribunal (MACT), Palakkad. The claim was filed for compensation with respect to the death of the petitioner's son in a motor accident, wherein the petitioner's son, who was riding a bicycle, was hit by a jeep and was run over by a lorry coming from the opposite side. The respondents 1 and 2 are the insurers of the vehicles, who were mulcted with equal liability as per Exhibit P1 award, arrived at on settlement.

2. The wife of the petitioner and two other sons were the other claimants before the Tribunal.

"The Tribunal rightly declined the claim of the two other sons and the amount of Rupees Three lakhs arrived at, on settlement, was equally apportioned between 1st and 2nd claimants, being the petitioner herein and his wife. Rupees One lakh each was directed to be paid to the father and mother of the deceased and the balance was directed to be deposited in Fixed Deposit, equally in their respective names."

3. The controversy arose when Exhibit P2 application was filed before the Tribunal seeking disbursement of the amount deposited, which was subs


















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