KRISHNASAMY Vs. PALANIAPPAN

JUDGEMENT

(1.) HEARD the learned counsel appearing for the revision petitioner. Admit.

(2.) UNDER this revision, the order passed in I.A.No,486 of 2008 in M.C.O.P.No.14 of 2005 on the file of the Motor Accidents Claims Tribunal/Principal Subordinate Judge, Erode, an application filed under Section 151 and Rule 20(8) (10) of Motor Vehicles Act was challenged which was filed by the claimant/revision petitioner for withdrawing a sum of Rs.4,08,159/- being the award amount deposited by the second respondent/The Managing Director, Tamil Nadu State Transport Corporation, Erode. In spite of the second respondent has made an endorsement in the said application as to the effect that he has no objection for the petitioner to withdraw the award amount, the learned Motor Accidents Claims Tribunal/ Principal Subordinate Judge, Erode had dismissed the said application which necessitated the petitioner in I.A.No,486 of 2008 in M.C.O.P.No.14 of 2005 to prefer this revision.

(3.) IN fine, this civill revision petition is allowed and the order passed in IA.No,486 of 2008 in M.C.O.P.No.14 of 2005 on the file of the Motor Accidents Claims Tribunal/Principal Subordinate Judge, Erode, is set aside and the petitioner is permitted to withdraw the entire award amount(with interest) of Rs.4,08,159/- with accrued interest from the nationalised bank in which the same is deposited to the credit of M.C.O.P.No.14 of 2005 on the file of the Motor Accidents Claims Tribunal/Principal Subordinate Judge, Erode without furnishing any security. No costs.