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2011 DIGILAW 479 (MAD)

Sulochana v. Vijayakumar

2011-01-31

S.TAMILVANAN

body2011
JUDGMENT :- 1. This Civil revision has been preferred challenging the docket order dated 01.09.2009 passed in O.P.S.R. No. 6746 of 2009 in M.C.O.P. No. 104 of 2000 on the file of the Motor Accident Claims Tribunal/Principal Sub Judge, Chengalpattu. 2. Learned counsel appearing for the petitioner submitted that the petitioner herein is the claimant in the aforesaid motor accident claim original petition. After the enquiry, award was passed by the Fast Track Court No. I, Chennai. It is not in dispute that the first respondent herein is the owner of the vehicle which caused the accident and the third respondent is the insurance company. 3. Pursuant to the award passed by the Tribunal, the amount was deposited before the court below and the petitioner herein as claimant filed the petition seeking permission to withdraw the amount. However, the court below without passing any order returned the petition stating that the records are not available. Aggrieved by which, this civil Revision petition has been preferred by the petitioner/claimant. 4. Learned counsel appearing for the petitioner/claimant submitted that there was no objection from the second respondent, the New India Assurance Company Limited to deposit the amount. Similarly, there was no objection from the other respondent. Further, the court without passing orders permitting the petitioner to withdraw the amount, has simply returned the petition even without numbering the same. Pursuant to the direction given by this Court, notice was served on the standing counsel appearing for the third respondent. 5. Learned counsel appearing for the third respondent has made an endorsement raising no objection in disbursing the amount. It is not in dispute that there was no objection from the other respondents. 6. On the aforesaid facts and circumstances, I find it just and reasonable to allow this revision petition directing the court below to pass appropriate orders in favour of the petitioner/claimant permitting the petitioner to withdraw the amount lying in the credit of M.C.O.P. No. 104 of 2000. Accordingly, this civil revision petition is allowed. 7. Registry is directed to return the original unnumbered M.P. after obtaining the certified Xerox copy of the same.