IRULAYEE Vs. R.SANJEEVI

JUDGEMENT

(1.) The above appeal in C.M.A(MD)No.122 of 2015 is filed by the Petitioners/claimants, challenging the fixation of the contributory negligence by the Tribunal.

(2.) Admittedly, either the Insurance Company or the owner of the two-wheeler against whom the award has been passed, have not challenged the award and obtained an order of stay. Therefore, it is open to the Petitioners/claimants to approach the Tribunal for withdrawing whatever the compensation that has been deposited either by the Insurance Company or by the owner of the two-wheeler.

(3.) In paragraph 8 of the affidavit filed in support of this application, it is stated that the Registry of the Tribunal had informed the Petitioners/claimants that they should approach this Bench seeking permission to withdraw, in view of the pendency of this appeal. Even if true, such a direction cannot be accepted when either the Insurance Company or the owner of the two-wheeler against whom the award has been passed, has not challenged the award. Pendency of this appeal filed by the Petitioners/claimants cannot be a ground for the claimants to seek permission of this Court to withdraw the amount that has been deposited before the Tribunal. Therefore, the Tribunal shall take the application in I.A.No.32 of 2017 filed by the Petitioners/Claimants seeking withdrawal of the compensation amount on file and dispose of the same, on merits, without reference to the pendency of this appeal in this Court, at the instance of the Petitioners/claimants.