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3.The short facts of the case are as follows:

The petitioner, Shamshath, was Fruit Merchant and aged about 21 years. On 19.02.1998, the petitioner was travelling in a van bearing registration No.TN32 Z3868, from Kallakurichi to Madras to receive her relative, who was coming from abroad. When the van had passed Tindivanam and when the van was proceeding on the GST road, 2 Kms. away from Tindivanam, the first respondent's lorry bearing registration No.TAY 2319, driven by its driver in a rash and negligent manner dashed against the van and caused the accident. In the impact, the petitioner as well as the other passengers in the van sustained severe injuries. The petitioner sustained grievious injuries on her head, arms and spinal cord. She has sustained paralysis of her legs and is not able to control the motion and urine. As she is bedridden, a nurse has been appointed, to whom a monthly salary of Rs.3,000/- is paid, to look after her. Rs.3,000/- is also being spent by the petitioner every month for medicines.

14.The petitioner was examined as PW3 before the Tribunal. The PW3, in her evidence, deposed that she is a married woman and had a minor daughter aged about 5 years; that her husband had deserted her after the accident and had married some other woman; that she and her child are being looked after by her father; that she had sustained paralysis of the entire portion of her body below her hip and that this has been caused by the fracture of her bones in her spinal cord; that she is unable to walk, unable to stand and that she has no control over her bowel movements and excretion of urine; that she had sustained injuries in her hands, legs, and eyebrows and lips; that she had been admitted at Tindivanam Medical Hospital and subsequently had taken treatment at Government Hospital, Chennai; that she had been treated as inpatient at the hospital for a period of two months; that subsequent to this she had been taking treatment at the Government Hospital, at her native place of Thyagagurukkam and has been taking medicines prescribed at this hospital; that even after taking medicines and treatment for a period extending to three years, there has been no advancement in her physical condition. She has further deposed that the Doctors had expressed their opinion that there will not be a cure for her physical problem even after treatment. In support of her evidence, she has marked Ex.P5, the medical report issued at Government Hospital, Tindivanam; Ex.P7, the medical report issued at Government General hospital, Chennai; Ex.P7, the medical report given by the Orthopaedic Department at Government General Hospital; Ex.P8, the letter dated 05.05.1998 given by the Doctor at Orthopaedic Department of Government General Hospital, Chennai, to the Cuddalore District Health officer, wherein it has been recommended that a three wheeled vehicle should be given to the petitioner as she would be unable to walk. She had further deposed that in her existing state of physical condition, she would not be able to travel in the three wheeler also. She had further deposed that she had to spent a sum of Rs.100/- every day for medicines and that she had also employed an attendant to look after her and her child and that she was paying her Rs.1,000/- every month. She had further marked Ex.P9, the medical certificate issued by one Dr.Sriram, who had stated the nature of fractures and the other bodily problems failed by her.

21.This Court directs the appellant to deposit the entire compensation amount with accrued interest and costs, into the credit of the M.C.O.P.No.1584 of 1999, on the file of the Motor Accident Claims Tribunal (Principal Sub-Judge), Tindivanam, within a period of eight weeks from the date of this Order. Further, the Court had earlier permitted the claimant to withdraw 50% of the award amount.

22.As the accident happened in the year 1999, it is open to the claimant to withdraw the balance compensation amount, with proportionate interest, as per this Court Order, lying in the credit of the M.C.O.P.No.1584 of 1999, on the file of the Motor Accident Claims Tribunal (Principal Sub-Judge), Tindivanam, after filing necessary payment out application in accordance with law, subject to deduction of withdrawal, if any, made as per this Court Order.

23.The appellant/Insurance Company is at liberty to withdraw the excess compensation amount, with proportionate accrued interest therein, lying in the credit of the M.C.O.P.No.1584 of 1999, on the file of the Motor Accident Claims Tribunal (Principal Sub-Judge), Tindivanam, after observing necessary formalities.

24.In the result, the above Civil Miscellaneous Appeal is partly allowed and the Award and Decree, dated 23.11.2001, in M.C.O.P.No.1584 of 1999, on the file of the Principal Sub-Judge, Motor Accident Claims Tribunal, Tindivanam is modified. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.