M. Thangapandi vs The Oriental Insurance Company Ltd.

G. Rajasuria, J.—Heard both. The learned counsel for the Revision Petitioner would echo the heart-burns of his client to the effect that his

client sustained multiple injuries and taking treatment. The Motor Accidents Claims Tribunal awarded compensation and out of that, already half of

the amount deposited was released in his favour. Now, he wants the remaining amount also for his treatment. Whereupon, I would like to cite the

Rule 20(7), (8), (9) and (10) of the Tamil Nadu Motor Vehicles Accident Claims Tribunal Rules, 1989, which is extracted hereunder:

(7) The Claims Tribunal shall, in the case of minor, order that amount of compensation awarded to such minor be invested in fixed deposits till such

minor attains majority. The expenses incurred by the guardian or the next friend may be allowed to be withdrawn by such guardian or the next

friend from such deposits before it is deposited.

(8) The Claims Tribunal shall, in the case of illiterate claimants, order that the amount of compensation awarded be invested in fixed deposits for a

minimum period of three years but of any amount is required for effecting purchase of any movable or immovable property for improving the

income of the claimant, the Claims Tribunal may consider such a request after being satisfied that the amount would be actually spent for the

purpose and the demand is not a ruse to withdraw money.

(9) The Claims Tribunal shall, in the case of semi-literate person resort to the procedure for the deposit of award amounts set out in sub-rule (8)

unless it is satisfied, for reasons to be recorded in writing that the whole or part of the amount is required for the expansion of any existing business

or for the purchase of some property as specified and mentioned in sub-rule (8) in which case the Claims Tribunal shall ensure that the amount is

invested for the purpose for which it is prayed for and paid.

(10) The Claims Tribunal may in the case of literate persons also resort to the procedure for deposit of award amounts specified in sub-rule (8)

subject to the relaxation specified in sub-rules (8) and (9) if having regard to the age, fiscal background and state of society to which the claimant

belongs and such other consideration, the Claims Tribunal in the larger interest of the claimant and with a view to ensuring the safety of the

compensation awarded, thinks it necessary to order.

A mere running of the eye over the Rules supra would exemplify that in the case of literates, the Court need not be so rigid in releasing the

amount as in the case of semi-literates and illiterates. Admittedly, the petitioner seems to be a teacher working in Government and he could be the

best arbiter of himself.

Therefore, I would like to set aside the order of the Lower Court and accordingly the same is set aside and a direction is given to the Lower Court

to release his entire remaining amount.

The Civil Revision Petition is disposed of accordingly. No costs.