G SUMATHI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Petitioner herein filed this revision challenging the order passed on 28-10-2011 in I.A. No. 1467 of 2011 in O.P. No. 57 of 2007 on the file of the Motor Accident Claims Tribunal, Hindupur. Heard the learned counsel for the petitioner and the respondent and perused the material available on record.

(2.) The petitioner along with her two minor daughters and father-in-law claimed compensation on the death of the husband of the petitioner.

(3.) The lower Court awarded a compensation of Rs. 6,58,000/- and directed that each petitioner shall take Rs. 1,62,000/- The lower Court further directed that the shares of the two minor daughters of the petitioner i.e., petitioners 2 and 3 before the lower Court shall be kept in fixed deposit. The lower Court directed the 1st petitioner and 4th petitioner before the lower Court to withdraw Rs. 25,000/- from their respective shares. The petitioner filed I.A. No. 1467 of 2011 praying to permit her to withdraw the amount with interest on the shares of her minor daughters to meet the educational expenses of her daughters. The lower Court dismissed the same simply on the ground that there is no clause in the award permitting the petitioner to withdraw the interest. Even if there is no clause, the Court is empowered to permit the mother to withdraw the accrued interest on her children. The compensation amount should properly be utilized. The earlier direction of the superior courts is to see that the amount shall not be swallowed by the other persons. That does not mean that the parties particularly minor children and their parents should feel difficulty in meeting their day-to-day expenses.