R. DEEPA Vs. SIVALINGAM

JUDGEMENT

(1.) The Civil Revision Petition is filed challenging the order passed by the Court below dismissing the application filed by the petitioner for payment out.

(2.) The petitioner herein filed Motor Vehicles Claim Petition for recovery of damages for the death of her mother in road accident in M.C.O.P.No.374 of 2015. The Tribunal passed an award quantifying the amount payable to the petitioner as Rs.3,83,000.00. The Tribunal also held that 3 rd respondent/Insurance Company shall pay the amount and recover the same from owner/2 nd respondent, who remained exparte.

(3.) Thereafter, the Insurance Company deposited the amount in the year 2007 itself and the petitioner/claimant filed instant application seeking payment out. The said application was dismissed by the Court below on the ground that no notice was issued to the 2 nd respondent/owner of vehicle for furnishing security and offending vehicle was also not attached. The Tribunal relied on the judgement of the Hon'ble Apex Court in Oriental Insurance Company Limited vs. Shri Nanjappan and others reported 2004 (1) TN MAC (SC) 211.