S RAJENDRAN Vs. RATHINAMBAL

JUDGEMENT

(1.) THIS Civil Revision Petition has been preferred under Article 227 of Constitution of India, against the order dated 29.12.2008 in I.A.No,849 of 2008 in MCOP.No.142 of 2005 on the file of the Motor Accidents Claim Tribunal (Principal Subordinate Judge), Mayiladuthurai. Advocates are absenting themselves from attending the Court. Perused the grounds of Revision and also the impugned order in I.A.No,849 of 2008 in MCOP.No.142 of 2005 on the file of the Motor Accidents Claim Tribunal (Principal Subordinate Judge), Mayiladuthurai.

(2.) THE impugned order in I.A.No,849 of 2008 in MCOP.No.142 of 2005 reads that the claimant/petitioner had involved in a motor accident on 24.08.2006 in which he had sustained fractures in the left leg, right hip and in the ribs and that he was hospitalised for nearly eight months as an inpatient and the medical expense alone comes to Rs.4 lakhs and that to meet the medical expense he had raised loan and that he had already implanted steel plates in the area of fractures and that to remove those steel plates he has to undergo another surgery which may require a sum of Rs.75,000/-. Respondents 1, 2 & 4 endorsed no objection in the said application. Respondent 3 remained exparte. THE Motor Accidents Claims Tribunal on the basis of the proof affidavit filed by the claimant/petitioner had partly allowed the application, thereby permitting the petitioner to withdraw Rs.2,50,000/- from out of Rs.4,99,320/-, which is in fixed deposit of SBI, Mayiladuthurai.