H.S. MOHAMMED Vs. ISUBU, THE NEW INDIA ASSURANCE CO. LTD., REP. BY ITS MANAGER, ISRU BEARY AND SMT. BEEPATHUMMA

JUDGEMENT

(1.) CONSIDERING that the matter is only with regard to disbursement of the amount before the Court below, notice to the respondents is unnecessary. Hence, the petition itself is taken up for disposal. The petitioner is before this Court assailing the order dated 17.08.2013 passed by the MACT, D.K. Mangalore on the I.A. filed in MVC No. 247/2009. The petitioner is further seeking for consideration of the said application and release of the amount of Rs. 50,000/ - which is kept in Fixed Deposit in Dena Bank, Kankanady Branch, Mangalore.

(2.) THE undisputed facts are that the petitioner was the claimant in MVC No. 247/2009. The Court below, by its judgment and award dated 02.03.2012 had awarded the compensation and directed deposit of a sum of Rs. 50,000/ -. The petitioner has made the application dated 16.02.2013 seeking release of the fixed deposit amount. While indicating reasons for such request, the petitioner has stated that the marriage of his daughter was fixed on 28.03.2013 and therefore the said amount was required for the expenses. The Court below while rejecting the application has taken note of the situation that as on the date when the application was being taken up for consideration, the marriage had already been celebrated and the application had not been pressed earlier.