Minor. Bharanidharan, v. Rajakumari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Minor Bharanidharan Rep. by his mother and natural guardian Banu ... Petitioner versus

1. Rajakumari

2. The United India Insurance Company Ltd., Manager, South Main Street, Thanjavur.

... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 21.07.2022 returning the petition in unnumbered I.A.No... of 2022 in M.C.O.P.No.133 of 2007 on the file of the Motor Accident Claims Tribunal (1st Additional District Judge) (PCR), Thanjavur.

For Petitioner : Mr.G.Karnan 1/4

ORDER

This Civil Revision Petition is filed against the docket order dated 21.07.2022 passed in unnumbered interlocutory application in M.C.O.P.No.133 of 2007 on the file of the Motor Accident Claims Tribunal (1st Additional District Judge) (PCR), Thanjavur.

2. The mother and guardian of the petitioner minor Bharanidharan has filed the said interlocutory application, on behalf of the petitioner, seeking permission to withdraw the interest, accrued on the award amount of Rs.1,32,250/-, which has been deposited in the name of minor Bharanidharan in M.C.O.P.No.133 of 2007. However, the said interlocutory application was returned by the Tribunal, stating that there is no order as to the payment of interest. Hence, the petitioner is before this Court.

3. The fact remains that pursuant to the award passed by the Tribunal on 06.06.2008, the award amount has been deposited in the 2/4

Nationalized Bank, which would automatically accrue interest. Since the petitioner minor Bharanidharan is in the custody of his mother, for his further studies, she sought permission to withdraw the interest amount that accrued on the amount deposited.

4. Considering the same, the Civil Revision Petition is allowed by giving liberty to the mother of the petitioner minor Bharanidharan to file a fresh interlocutory application before the Tribunal. On filing such application, the Tribunal shall consider the same and pass orders on merits and in accordance with law as expeditiously as possible. No costs.

05.08.2022 ogy Index : Yes / No Internet: Yes / No.

Note: The Registry is directed to return the original impugned order to the petitioner.

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B.PUGALENDHI, J.

ogy To

1. The Motor Accident Claims Tribunal (1st Additional District Judge) (PCR), Thanjavur.

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