IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:18.2.2009
CORAM
THE HONOURABLE Mr. JUSTICE A.C.ARUMUGAPERUMAL ADITYAN
Civil Revision Petition (NPD) No.460 of 2009
A.Sasi Kumar .... Petitioner
Vs.
1. Sivaprakasam
2. The Oriental Insurance Company
rep by its Branch Manager
Gopal Rao Library Building
Khan Road,
Kumbakonam Town & Taluk ... Respondents
Civil Revision Petition is filed under Article 227 of CPC, against the order dated 7.12.2008 passed in I.A.No.872 of 2008 in M.C.O.P.No.264 of 2005 on the file of the Motor Accidents Claims Tribunal/Additional Sub Court), Mayiladuthurai.
For Petitioner : : Mr. S.Kumaradevan,Advocate
O R D E R
Perused the affidavit to the petition. The grievance of the revision petitioner /claimant in M.C.O.P.No.264 of 2005 is that in the said M.C.O.P.No.264 of 2005 before the Motor Accidents Claims Tribunal/ Additional Sub Court, Myiladuthurai, he was awarded a compensation of Rs.1,00,800/- with interest and costs and in lieu of the award, the second respondent had deposited a sum of Rs.1,24,132/- with the State Bank of India, Mayiladuthurai as per the directions of the Motor Accidents Claims Tribunal/Additional Sub Court, Mayiladuthurai and that the petitioner/claimant had filed I.A.No.872 of 2008 in M.C.O.P.No.264 of 2005 for seeking the indulgence of the Tribunal to permit him to withdraw the said award amount of Rs.1,24,132/- which is in deposit with State Bank of India, Mayiladuthurai to the credit of M.C.O.P.No.264 of 2005, to meet his medical expenses and also to discharge the loan raised by him at the time, when he was hospitalised after the accident.
2. A notice was ordered and the second respondent has endorsed “no objection”in the said application. The first respondent has not appeared in the said application. Inspite of ‘no objection’ being endorsed by the second respondent, the learned Tribunal has permitted the petitioner to withdraw only a sum of Rs.60,000/- from out of the award amount in deposit with State Bank of India, Mayiladuthurai.
3. Taking into consideration, the plight of the petitioner to undergo further surgery to remove the metallic plate in the right thigh bone which got fractured in the accident and also to discharge the loan raised by the petitioner after the accident to meet the medical expenses, I am of the view that the petitioner shall be allowed to withdraw the entire award amount with accrued interest which is in the fixed deposit with State Bank of India, Mayiladuthurai to the credit of M.C.O.P.No.264 of 2005.
4. In fine, this civill revision petition is allowed and the order passed in IA.No.872 of 2008 in M.C.O.P.No.264 of 2005 on the file of the Motor Accidents Claims Tribunal/Additional Subordinate Judge, Mayiladuthurai,dated 7.12.2008 is modified and the petitioner is permitted to withdraw the entire award amount viz., Rs.1,24,132/- with accrued interest which is in the fixed deposit with State Bank of India, Mayiladuthurai to the credit of M.C.O.P.No.264 of 2005 without furnishing any security.
18.2.2009
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sg
Note: Issue Order copy today(18.2.2009)
A.C.ARUMUGAPERUMAL ADITYAN,J
sg
C. R.P (NPD) No.460/2009
18.2.2009