MANGILAL Vs. HARIDER ALI

JUDGEMENT

(1.) THE petitioner/claimant has filed this Revision under section 115 of the Code of Civil Procedure challenging the order dated 5.2.2009 passed by the IVth Additional Member, Motor Accident Claims Tribunal, Indore (for short the Tribunal) in Claim Case No. 199/2001.

(2.) THE petitioner/claimant sustained grievous injuries in a motor accident occurred on 24.5.2001. He filed a Claim Case No. 199/2001 before the Tribunal. The Tribunal vide award dt. 21.10.2003 awarded compensation of Rs. 21.330/- with interest at the rate of 8% per annum to the petitioner/ claimant. Dissatisfied with the amount of compensation awarded to him the petitioner/claimant filed Miscellaneous Appeal No. 134/2004 under section 173 of the Motor Vehicles Act, 1988 before this Court seeking enhancement of the compensation amount.

(3.) IN pursuance of the aforesaid order passed by this Court in M.A. No. 134/04 the second respondent insurer deposited Rs. 47,655/- in the Tribunal for its payment to the petitioner/claimant. The petitioner/claimant moved an application for withdrawal of the amount deposited by the insurer. The Tribunal vide impugned order dt. 5.2.2009 directed to pay Rs. 4,655/- to the petitioner/claimant in case and ordered for deposit Rs. 43,000/- in Bank in fixed deposit for a period of five years. Aggrieved the petitioner/claimant has filed this revision.