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Judgment
A.C. Arumugaperumal Adityan, J.—Advocates are absenting themselves from attending the Court. Perused the grounds of Revision and
also the impugned order in I.A. No. 849 of 2008 in MCOP. No. 142 of 2005 on the file of the Motor Accidents Claim Tribunal (Principal
Subordinate Judge), Mayiladuthurai.
The impugned order in I.A. No. 849 of 2008 in MCOP. No. 142 of 2005 reads that the claimant/petitioner had involved in a motor accident on
24.08.2006 in which he had sustained fractures in the left leg, right hip and in the ribs and that he was hospitalised for nearly eight months as an
inpatient and the medical expense alone comes to Rs. 4 lakhs and that to meet the medical expense he had raised loan and that he had already
implanted steel plates in the area of fractures and that to remove those steel plates he has to undergo another surgery which may require a sum of
Rs. 75,000/-. Respondents 1, 2 & 4 endorsed no objection in the said application. Respondent 3 remained exparte. The Motor Accidents Claims
Tribunal on the basis of the proof affidavit filed by the claimant/petitioner had partly allowed the application, thereby permitting the petitioner to
withdraw Rs. 2,50,000/- from out of Rs. 4,99,320/-, which is in fixed deposit of SBI, Mayiladuthurai.
Taking into consideration the multiple fractures the petitioner had sustained in the accident and also the fact that he has to undergo another
surgery for removing the steel plates which were fixed during the treatment after the accident, I am of the view that the petitioner shall be allowed
to withdraw another sum of Rs. 1,50,000/- (total amount ordered to be withdrawn is Rs. 4 lakhs) over and above the amount ordered to be
withdrawn by the Motor Accidents Claims Tribunal, Mayiladuthurai, in I.A. No. 849 of 2008 in MCOP. No. 142 of 2005.
In fine, the Civil Revision Petition is allowed and the order passed by the Motor Accidents Claims Tribunal/Principal Subordinate Judge,
Mayiladuthurai in I.A. No. 849 of 2008 in MCOP. No. 142 of 2005 is modified and the petitioner is permitted to withdraw Rs. 4,00,000/- from
out of Rs. 4,99,320/-, which is in fixed deposit with SBI, Mayiladuthurai, without furnishing any security. The balance of award amount shall be in
the fixed deposit of SBI, Mayiladuthurai till the period of maturity as fixed by the Tribunal. No costs.