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The above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 17.10.2005, made in M.C.O.P.No.578 of 2004, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.I, Tindivanam (Before Sub Court O.P.No.206 of 2003, Tindivanam), awarding a compensation of Rs.2,68,720/- with 7.5% interest per annum, from the date of filing petition till the date of payment of compensation.

2.Aggrieved by the said Award and Decree, the appellant/second respondent, the Branch Manager, United India Insurance Co., Ltd., Tindivanam, has filed the above appeal praying to set aside the award and decree passed by the Tribunal.

16.The Tribunal considering that due to the disability sustained by him, the petitioner will not be able do any work awarded a compensation of Rs.20,000/- for loss of income. The Tribunal further awarded a sum of Rs.10,000/- to the petitioner under the head of pain and suffering undergone by him and also granted a sum of Rs.50,000/- to the petitioner towards loss of earning capacity. For transport expenses, the Tribunal awarded a sum of Rs.2,000/-. The Tribunal, on scrutiny of Exs.P10 and P11, the Medical Bills, awarded a sum of Rs.1,03,286/- and Rs.8,434/- respectively as compensation towards medical expenses. In total, the Tribunal awarded a compensation of Rs.2,68,720/- together with interest at the rate of 7.5% per annum from the date of filing the petition till the date of payment of compensation and directed the first and second respondents to jointly and severally deposit the above award with accrued interest, into the credit of the M.C.O.P.No.578 of 2004, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.I, Tindivanam (Before Sub Court O.P.No.206 of 2003), Tindivanam, within a period of two months from the date of its Order. After such deposit was made, the award was to be invested in a Nationalised Bank, as fixed deposit, for a period of three years. The Advocate fees was fixed at Rs.8,375/-. The petitioner was directed to pay the balance Court fee due on the award amount within a period of one month from the date of its Order. The claim as against the third respondent was dismissed.

7. For loss of earning power, the Tribunal had awarded a sum of Rs.50,000/-, this Court considers this award as not pertinent and accordingly sets aside the same.

In the result, the award of Rs.2,68,720/- granted by the Tribunal as compensation to the claimant is confirmed by this Court.

31.This Hon'ble Court, at the time of admission on 29.10.2007, imposed a condition on the appellant/Insurance Company to deposit the entire award amount together with interest and entire cost, into the credit of the M.C.O.P.No.578 of 2004, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.I, Tindivanam (Before Sub Court O.P.No.206 of 2003, Tindivanam. The same was complied by the appellant. Thereafter, the claimant was permitted by this Court to withdraw 50% of the award amount with proportionate interest, on permission petition filed by the claimant.

32.It is open to the claimant to withdraw the balance compensation amount with interest, lying the credit of the M.C.O.P.No.578 of 2004, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.I, Tindivanam (Before Sub Court O.P.No.206 of 2003, Tindivanam, after filing necessary application, in accordance with law.

33.In the result, the Civil Miscellaneous Appeal is dismissed and the award and decree passed by the Motor Accident Claims Tribunal, Fast Track Court No.I, Tindivanam M.C.O.P.No.578 of 2004, (Before Sub Court O.P.No.206 of 2003) is confirmed. No costs.