Minor Suresh @ Loganathan v. Branch Manager United India Insurance Co. Ltd.
2012-06-12
G.RAJASURIA
body2012
DigiLaw.ai
Judgment :- 1. Animadverting upon the order dated 07.04.2011 passed in I.A.No.165 of 2011 in MCOP No.313 of 2007 by the MACT/FAST TRACK COURT No.2 at Gobichettipalayam., this civil revision petition is focussed. 2. Heard both sides. 3. The germane facts absolutely necessary for the disposal of this revision petition would run thus: The revision petitioners represented by their next friend mother M.Vijaya filed I.A.No..165 of 2011 for withdrawal of a sum of Rs.93,138/-on the ground that the minors require the amount for educational and medical expenses. However, the lower Court rejected the prayer of the petitioners. 4. Being aggrieved by and dissatisfied with the said order, this revision has been filed on various grounds. 5. This is a matter wherein the lower Court was expected to apply its mind on humanitarian consideration and pass orders. But the lower Court simply rejected the prayer of the petitioners on the main ground that if the accrued interest could be retained in the deposit itself, that would be useful for the higher education of the minor children. When the minor children are presently in need of money for their education and maintaining themselves, certainly the Court was not justified in observing so. 6. Accordingly, I set aside the order of the lower Court and direct the lower Court to permit Vijaya the mother of the minor petitioner, to withdraw the entire accrued interest for spending the same for the welfare of the minor children. In the result, this civil revision petition is allowed. No costs.