RAMALINGAM Vs. GANESAN

JUDGEMENT

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

(2.) THE case of the revision petitioner is that he met with a road accident and he has filed M.C.O.P.No,289 of 2005 before the Motor Accidents Claims Tribunal/Principal Sub Court, Myiladuthurai claiming Rs. 4,23,200/- towards compensation since his right hand was severed in the accident. THE learned Tribunal, after contest, has passed an award and inpursuance of the award, the third respondent, United India Insurance Company, Myiladuthurai had deposited Rs.5,06,623/- being the award amount inclusive of interest before the Tribunal. THE Tribunal has directed the award amount to be deposited in State Bank of India, Myiladuthurai. THE petitioner/claimant filed I.A.No,613 of 2008 in M.C.O.P.No,289 of 2005 for withdrawal of the entire award amount in deposit to meet his medical expenses and also to start a grocery shop for eking his livelihood. In the said application, notice was ordered and Respondents 1 and 2 remained exparte and R3 United India Insurance Company, Mayiladuthurai has endorsed 'no objection'. Inspite of ' no objection' endorsed by the third respondent, the learned Tribunal had only allowed the said application in part permitting the petitioner/claimant to withdraw a sum of Rs.2,50,000/- which is insufficient for the petitioner to meet his medical expenses ie., to fix artificial right limb and also to start a grocery shop. Taking into consideration, the genuine requirement of the revision petitioner/claimant to meet his medical expenses and also to start a grocery shop, I am of the view that the petitioner shall be allowed to withdraw the entire award amount in deposit more particularly in the absence of any revision preferred against the award in M.C.O.P.No,289 of 2005 by any of the respondents.