RAJNEESH RAI Vs. RAJENDRA YADAV

JUDGEMENT

(1.) HEARD .

(2.) BRIEFLY stated the petitioner filed a Claim Petition before the Motor Accident Claims Tribunal,"Balaghat (Claims Tribunal for short) seeking compensation for the injuries caused to him on 14.6.2003 in a motor accident. After service of notice to the owner, driver and the insurer, as agreed by the parties the matter was placed before the Lok Adalat so as to arrive at the amicable settlement.

(3.) THEREAFTER an application for withdrawal of the entire amount was submitted by the petitioner on the ground that while passing the award no condition of depositing the amount in the fixed deposit has been imposed by the Lok Adalat. The said application was rejected by the Claims Tribunal vide order dated 15.10.2005, however, it directed that the petitioner shall be entitled to withdraw interest on the fixed deposit. The Claims Tribunal further observed that the petitioner cannot be allowed to withdraw the entire amount in view of the judgment of the Supreme Court in case of General Manager Kerala State Road Transport Corporation, Trivendram v. Mrs. Susamma Thomas and others [AIR 1994 SC 1631].