Kalai Arulmozhi Devi vs The New India Assurance Co. Ltd

A.C. Arumugaperumal Adityan, J.—The revision petitioner is present along with her Advocate''s clerk. Heard the revision petitioner and also the learned Counsel appearing for the respondent.

The grievance of the revision petitioner is that the learned Tribunal while passing an order of dismissal in I.A. No. 642 of 2008 in M.C.O.P. No. 1842 of 2000, an application filed u/s 151 of CPC to permit the revision petitioner to withdraw a sum of Rs. 2,10,181/- with accrued interest awarded in a motor accident which took place on 11.9.2000 at 10.00 a.m., in which the revision petitioner had lost her husband. The learned Tribunal has awarded a sum of Rs. 4,17,500/- with 9% interest towards compensation and has further directed that out of the said award amount, 2/3rd of the award amount must go to the revision petitioner and her minor child and the remaining 1/3rd of the award amount must go to the petitioners 3 and 4 in M.C.O.P. No. 1842 of 2000. The present revision petitioner had filed I.A. No. 642 of 2008 in M.C.O.P. No. 1842 of 2000 before the learned Tribunal seeking the indulgence of the said Tribunal to permit her to withdraw a sum of Rs. 2,10,181/- being 2/3rd of the total award amount( Rs. 4,17,500/-). The learned Tribunal has dismissed the said application on the ground that the Guardianship O.P. is pending before the Dharmapurai District Court to decide who is the guardian for the minor child Balaji/second petitioner in M.C.O.P. No. 1842 of 2000.

A reading of the award of compensation in M.C.O.P. No. 1842 of 2000 will go to show that 2/3rd of the total award amount shall go to the first petitioner in M.C.O.P. No. 1842 of 2000/revision petitioner herein along with the second petitioner in M.C.O.P. No. 1842 of 2000 minor Balaji and the remaining 1/3rd share shall go to the petitioners 3 and 4 in M.C.O.P. No. 1842 of 2000. As far as the minor Balaji''s 1/3rd share is concerned, it is to be kept in Fixed Deposit in a Nationalised Bank as ordered by the learned Tribunal, till the minor attains majority. As far as the other 1/3rd share is concerned, as per the award the revision petitioner herein/first petitioner in M.C.O.P. No. 1842 of 2000 is entitled to the same. 2/3rd of the award amount is ordered to be deposited in Fixed Deposit in a Nationalised Bank for three years by the Tribunal and now the said period is already over. Under such circumstances, there is no impediment for the revision petitioner to withdraw her 1/3rd share of the total award amount which is now in Fixed Deposit of the Nationalised Bank.

The only point raised by the learned Counsel appearing for the respondent, Insurance Company is that unless the guardian for the minor/second petitioner in M.C.O.P. No. 1842 of 2000 is to be decided, the first petitioner cannot be allowed to withdraw the accrued interest since the minor son is not under the custody of the revision petitioner herein (mother) but in the custody of his grand parents (father and mother of the deceased husband of the revision petitioner herein).

In fine, this civil revision petition is allowed and the revision petitioner is permitted to withdraw her 1/3rd share in the total award amount with accrued interest which is in Fixed Deposit in Union Bank of India, Salem branch without furnishing security and the remaining 1/3rd share of the minor child Balaji, shall continue to be in the fixed deposit till the minor attains majority. The guardian of the minor, who is to be declared in the guardianship O.P. has to withdraw the accrued interest from the minor''s share in the Court deposit for the welfare of the minor child once in six months. No costs. Consequently, connected M.P. No. 1 of 2009 is closed.