This petition preferred under Article 227 of the Constitution of India arises from order of denial of the Tribunal dated 7th February, 2012 passed in M.A.C.P.No. 483 of 2001, payment purshis No. 1074.
In composite order of various petitions, petition of the present petitioner being M.A.C.P.No. 483 of 2001 was decided and the award was passed by Motor Accident Tribunal (Auxiliary) on 3rd February, 2007 granting award of Rs.1,47,000/- to the petitioner herein. Out of this amount, the total sum deposited is of Rs.1,07,548/- by the State Road Transport Corporation which is in compliance of 50% of its liability Being aggrieved by this award, petitioner herein has preferred First Appeal No.2308/2009 for enhancement of amount of award and the same has been admitted by this Court.
When application was moved before Tribunal for withdrawal of the amount of award deposited with the Tribunal as per the direction given in the award itself, it denied such withdrawal on the ground of pendency of appeal.
Learned advocate Mr.Barot appeared for petitioner urged that award itself provides of withdrawal of 20% of the total sum and 80% of total sum of the award is required to be fixed deposited. What all the petitioner is asking as to fulfill the terms of award. As Tribunal denied such a request despite the endorsement of 'no objection' by both, the Insurance Company and Gujarat State Road Transport Corporation, this petition is preferred.
Ordinarily, if any interference is to be made by this Court in the order impugned, notice is required to be issued to the otherside. However, considering the fact that there is specific provision made in the award itself for disbursing the amount upto 20% of the total amount of award and as both the opponents have no objection to proposal of withdrawal. No notice was issued to respondent herein.
It can be noted that Tribunal has denied the withdrawal by the petitioner only on the count that the First Appeal preferred by the present petitioner is pending and there is no direction in the First Appeal. Learned advocate for the petitioner specifically ensures this Court that no appeal is preferred by either the Insurance company or The Gujarat State Road Transport Corporation, challenging the said award. He has agreed to file an affidavit to this effect before the Tribunal that there no appeal has been preferred by both the authorities and that there are no directions against the petitioner in the appeal preferred before this Court.
In this view of the matter and in light of the discussion made hereinabove, Tribunal shall abide by its own award and considering the contents of the affidavit, it may decide the request of disbursement.
This petition stands disposed of in the above terms.
(Ms.Sonia Gokani,J) bina Top