This Civil Revision Petition is directed against the dismissal of the payment out petition filed by the father of the minor child.
2. On the death of the wife of the first petitioner, a claim petition was filed on behalf of the first petitioner and his minor son / second petitioner. The Tribunal has awarded compensation of Rs.4,91,323/- with interest at the rate of 7.5% per annum. Since the first petitioner himself was the rider of the motorcycle, the Tribunal disentitled him from getting the compensation and directed deposit of the entire amount in the name of the minor son / second petitioner. A further direction was given that it can be withdrawn three years after the minor attains majority that is to say at the age of 21 years, the minor is entitled to withdraw the said amount.
3. While the matter stood thus, the first petitioner seeks to withdraw the amount for the purpose of maintaining his son / second petitioner herein and to make arrangements for his bright future through good education and for his health care.
4. The first petitioner is 25 years old, whereas the minor son is of three years old. The first petitioner is the head of the family and does not come out with any serious ill health either to him or to the minor son. It is his duty to raise is son and impart good education in order to provide bright future to him. Hence, the reason stated for withdrawing the amount deposited in favour of the minor is not convincing and the order of the Tribunal dismissing the payment out petition is also justified. In such circumstances, I do not find any infirmity in the order passed by the Tribunal. However, it is open to the first petitioner to renew his request in extraordinary circumstances, in accordance with law, for withdrawal of the accrued interest. The Civil Revision Petition is dismissed accordingly. No costs.
08.09.2017 Index : Yes/No Internet : Yes/No asi/tk To The Sub Court http://www.judis.nic.inPerundurai.
M.GOVINDARAJ, J.
asi/tk
C.R.P.(NPD) NO.3190 OF 2017
08.09.2017
http://www.judis.nic.in