G.Jangaiah (Died) v. Apsrtc

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO CRP.Nos.146 and 147 of 2014 COMMON ORDER :

Since these two Revisions arise out of the same O.P. between the same parties, they are being disposed of by this common order.

2. O.P.No.1599 of 2001 was filed by petitioner nos.2 and 3 seeking compensation for the injuries sustained by their son G. Jangaiah in a motor accident which took place on 23.02.2000 with an R.T.C. bus.

3. On 18.03.2005, the said O.P. was allowed and a sum of Rs.3,57,000/- was awarded as compensation with interest at the rate of 9% per annum from the date of filing of the petition till deposit of the amount. Sri G. Jangaiah was permitted to withdraw Rs.50,000/-, while the 2nd petitioner was permitted to withdraw accrued interest every month for the maintenance and welfare of Sri G. Jangaiah.

4. It appears that subsequently Sri G. Jangaiah died.

5. Thereafter, the 2nd petitioner and 3rd petitioner filed I.A.Nos.2243 and 2244 of 2013 seeking permission to withdraw the entire amount lying to the credit of the O.P. stating that the 3rd petitioner had suffered from illness which required treatment, apart from an operation; and that they also had to perform

marriages of their daughters for which they spent huge amounts.

6. By order dt.20.11.2013, the Court below partly allowed both the applications permitting 2nd and 3rd petitioner to each withdraw 50% out of Rs.50,000/- with proportionate interest.

7. Challenging the said orders, the present Revisions are filed.

8. Heard Sri Siva S Lanka, counsel for petitioner; and Sri N. Vasudeva Reddy, counsel for respondents.

9. The counsel for petitioner contended that the amount permitted to be withdrawn by the Court below is too meager, and taking into account the reasons assigned by petitioners, substantial portion of the amount deposited by respondents may be permitted to be withdrawn.

10. This request of petitioner is not seriously contested by counsel for respondents.

11. Having regard to the above submissions, and taking into account the reasons assigned by petitioners for withdrawal of the amount deposited by respondents to the credit of O.P., in the interest of justice, I am of the view that petitioners can be permitted to withdraw the entire amount lying in deposit in O.P.No.1599 of 2001 along with accrued interest, since they are also aged people.

12. Accordingly, the Civil Revision Petitions are allowed; and the order dt.20.11.2013 in I.A.No.2243 of 2013 and I.A.No.2244 of 2013 is modified; and both applications are allowed as above. No order as to costs.

13. As a sequel, miscellaneous petitions pending, if any, in these

Revisions shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 23.09.2015 Ndr/*