C.M.P.No.11995 of 2019

in C.M.A.No.3118 of 2017

C.M.P.No.11995 of 2019

in C.M.A.No.3118 of 2017

R. SUBRAMANIAN, J.

and

K.KUMARESH BABU, J.

The petitioners seek modification of the orders passed in the Civil

Miscellaneous Appeal.

2. While disposing of the appeal by an order dated 26.09.2018,

apart from reducing the compensation awarded by the trial Court at

Rs.1,13,03,500/- to Rs.1,01,80,000/-, the Division Bench of this Court, to

which one of us [Justice R.Subramanian] was a party, had held that the

sisters of the deceased namely the claimants 5 and 6 will not be entitled to

a share in the compensation awarded, as they were not dependent on the

deceased, and apportioned the compensation between claimants 1 to

4.

3. However, pending appeal, an interim order was granted in the

CMP.No.19119/2017 directing the Insurance Company to deposit 50% of

the award amount as a condition for grant of stay of execution of the

award. The conditional order was complied by the Insurance Company.

Subsequently, the claimants filed a petition in CMP.No.6631 of 2018 to

withdraw their respective shares in the 50% of the award amount

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C.M.P.No.11995 of 2019

in C.M.A.No.3118 of 2017

deposited by the Insurance Company. The Division Bench by an order

dated 27.04.2018 permitted withdrawal of 50% of their respective shares

in the deposited amount.

3. We are now informed that instead of withdrawing the 50% of

their respective shares in the amount deposited by the Insurance Company,

the claimants were permitted to withdraw the entire deposited amount

i.e.,50% of the compensation, by the Tribunal. In the process, leaving the

minor's share, the claimants/respondents 5 and 6 namely the sisters of the

deceased had also withdrawn Rs.3,33,608/- each and the father of the

deceased had also withdrawn roughly about Rs.3,00,000/- over and above

his entitlement.

4. Because of the above, the amount available at the hands of the

Tribunal for being disbursed to the claimants 1 and 2 namely the wife and

minor daughter of the deceased Dr.Mariappan has reduced. Since we have

not permitted the withdrawal of the minor's share, the said share remains

intact. Therefore, the effective reduction would be in the share of the wife

of the deceased, the first respondent in the Civil Miscellaneous Appeal.

5. The petitioners / claimants would now agree that this excess

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C.M.P.No.11995 of 2019

in C.M.A.No.3118 of 2017

amount withdrawn by the sisters and father of the deceased Dr.Mariappan

would be adjusted in the share of the wife namely the first respondent in

CMA/ first claimant before the Tribunal. It is also stated that the entire

amount payable under the award has been deposited.

6. In view of the above, instead of modifying the order in CMA, we

deem it fit to direct the Tribunal to pay the balance amount to the wife of

the deceased / first petitioner herein / first claimant, after adjusting the

amount that has been withdrawn by the father in excess of his share and

the sisters of the deceased. The share of minor daughter shall be kept in

Court deposit till she attains majority, and on she attaining majority, her

share with accrued interest shall be disbursed to her.

7. Accordingly, this petition is ordered.

[RSMJ] [KBJ]

11.11.2022

ds

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C.M.P.No.11995 of 2019

in C.M.A.No.3118 of 2017

R. SUBRAMANIAN, J.

and

K.KUMARESH BABU, J.

C.M.P.No.11995 of 2019

in C.M.A.No.3118 of 2017

11.11.2022

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