PISUPATI SAI KUMAR Vs. ORIENTAL INSURANCE

JUDGEMENT

(1.) Admittedly, the petitioner herein is an educated man and he was working as Sales Officer and he was gainfully employed. He met with an accident. On an application filed by him u/s 110 of the Motor Vehicles Act, the Tribunal awarded compensation of Rs. 2,15,000/- by its order and decree in O.P.No. 376/88, dated 16-4-1990. On an appeal filed by the Insurance Company this Court stayed further proceedings on condition that the Company to deposit half of the compensation awarded with interest and costs. On compliance of this order, the petitioner filed an application in CMP No. 5778/91 for vacating the interim order. My learned Brother P.L.N. Sarma, J (as he then was) passed an elaborate order in the following terms:

(2.) Pursuant to the above directions while the petitioner withdrewRs. 35,000/- towards medical expenses incurred by him and Rs. 25,000/- out of the amount deposited, the rest of the amounts seemed to have been kept in two F.D. Rs. payable after expiry of 30 months and 60 months respectively. While the petitioner was allowed to withdrew the interest accrued thereon, the learned Judge observed that the fixed deposits shall not be encashed, pledged or mortgaged also, with the result after expiry of the terms specified in the order, the Tribunal is renewing the F.D. Rs. from time to time.

(3.) The present application is filed by the petitioner seeking permission ofthis Court to permit him to withdraw the amounts that were kept in F.D.Rs. both on the grounds of children education as well as for undergoing another operation for removal of steel rod that was fixed at the time of the accident and also to meet the family expenses as he became practically invalid.