The Revision Petitioner/Claimant has filed the Civil Revision petition as against the order dated 23.06.2009 passed inI.A.No.51 of 2009 inM.C.O.P.No.181 of 2007 by the Motor Accident Claims Tribunal, namely, the learned Additional District Judge and Special Judge for E.C Act cases, Salem.
2. The grievance of the Revision Petitioner is that his wife has filed I.A.No.51 of 2009 before the Motor Accident Claims Tribunal,namely, Additional District Judge and Special E C Act Cases) Salem praying for permission to withdraw the compensation amount of Rs.9,06,606/- and the Tribunal has permitted her to withdraw a sum of Rs.2,00,000/- only as a part amount and in fact, the Revision Petitioner's husband's brain has been seriously affected and he is undertaking treatment and for medical expenses a sum of Rs.9,06,606/- is required to be withdrawn.
3. After going through the order passed by the Tribunal, it is quite evident that the Revision petitioner has been permitted to withdraw a sum of Rs.2,00,000/- as per order dated 23.06.2009 passed in I.A.No.52 of 2009 in M.C.O.P.No.181 of 2007.
4. In law, under the Tamil Nadu Motor Vehicles Accident Claims Tribunal Rule 1989, the Revision Petitioner/Claimant has a remedy of approaching the Motor Accident Claims Tribunal by means of filing necessary application either under rule 20(8) or 20(9) of the of the Tamil Nadu Motor Accident Claims Tribunal Rules 1989, praying permission of the Tribunal to grant him permission to withdraw the balance sum of Rs.7,06,606/-. When there is no impediment in law/rule for the Revision petitioner to move another Interlocutory application in the manner known to law seeking permission to withdraw the balance amount (admittedly there is no bar in law) either on the basis of res judicata or otherwise, this Court is of the considered view that the Civil Revision petition is a surplusage one.
5. In that view of the matter, this Court dispose of the Civil Revision petition with a direction to the Revision petitioner/Claimant to file an appropriate application as per Rule 20 (8) or 20 (9) of the Tamil Nadu Motor Accident Claims Tribunal Rules 1989 for appropriate remedy in the manner known to law.
6. In fine, the Civil Revision petition is disposed of with a direction to the Revision petitioner/Claimant to approach the Motor Accident Claims Tribunal and to move an appropriate application within ten days from today and upon such application being filed thereto in regard to the withdrawal of the sum required by the Revision petitioner for medical expenses, the Tribunal shall dispose of the same in accordance with law, considering the plight of the petitioner's husband sympathetically, after affording an opportunity to the other side to file a counter, if any. No costs.
pal To Motor Accident claims Tribunal, (Additional District Judge and Special Judge for EC Act Cases) Salem