S. Sivasundaram v. Thamizharasan

in C.M.A.No.588 of 2011 R.KALAIMATHI, J., This petition is filed on behalf of the claimant herein seeking permission of this Court to withdraw the balance 50% of the compensation amount that is invested in a nationalised Bank, as per the order of this Court dated 19.11.2018 in C.M.A.No.588 of 2011.

2. The learned counsel for the claimant has filed a petition stating that there is no order for receiving the remaining 50% of the award amount and a cheque petition was filed before the Tribunal and it was returned stating that no order to that effect is contained in the judgment of this Court.

3. Appeal was preferred by the Insurance Company and compensation of Rs.14,23,700/- was ordered to be paid to the claimant herein. The operative portion of the judgment is extracted hereunder: ''The Tribunal is directed to transfer 50% of the said compensation amount to the credit of Bank Account stands in the name of Dr.Sivagnanam, through RTGS/NEFT within a period of one week, since he has spent huge money towards the medical expenses to the injured. The remaining amount shall be deposited in any one of the Nationalised Bank as a fixed deposit. The father of the injured is permitted to withdraw interest derived from the said deposit once in three months.'' 1/3

4. The following details are to be added in the judgment in C.M.A.No.588 of 2011:

Dr.Sivagnanam, father of the 1 st respondent/claimant is entitled to receive 50% of the award amount with accrued interest on filing of cheque petition.

5. This Civil Miscellaneous Petition is ordered accordingly. 15.09.2023 ssn Note: Registry is directed to issue fresh amended order copy to the counsel for the parties.

R.KALAIMATHI, J., ssn in C.M.A.No.588 of 2011 2/3

15.09.2023 3/3