Court No. - 4
Case :- WRIT - C No. - 56521 of 2017 Petitioner :- Surendra Singh Respondent :- National Insurance Company Ltd. Aligarh And Another Counsel for Petitioner :- A.T. Pandey
Hon'ble Abhinava Upadhya,J.
Heard learned counsel for the petitioner.
The petitioner is the claimant of the Motor Accidents Claim and the Tribunal has awarded a sum of Rs. 3,16,000/- along with 7% interest to be paid to the petitioner. Out of the aforesaid amount Rs. 1,73,000/- was directed to be deposited in a fixed deposit and Rs. 1,43,000/- was awarded to be paid to the claimant, which he has withdrawn. The petitioner then moved an application that he may be permitted to withdraw further amount from the FDR on account of treatment of his leg, which application has now been rejected being regular Misc. No. 254 of 2017 by order dated 23.8.2017 on the ground that the petitioner has not been able to produce any medical report, which requires such treatment.
Learned counsel for the petitioner has relied upon a decision of the Hon'ble Supreme Court in the case of General Manager, Kerala State Road Transport Corporation, Trivandrum Vs. Susamma Thomas, reported in 1994(2) SCC 176 in which it has been held " In personal injury cases, if further treatment is necessary the Claims Tribunal on being satisfied about the same, which shall be recorded in writing, permit withdrawal of such amount as is necessary for incurring the expenses for such treatment".
From the said direction it appears that the order can be passed for withdrawing such deposit amount as per the award only upon the Tribunal being satisfied for requirement of the same, as normally the award cannot be modified by any other authority except the Tribunal itself. The Tribunal has recorded that no material was shown to it to pass an order for withdrawing the amount from the fixed deposit.
That being the case, I am unable to find any error in the order of the Tribunal, which may merit any further consideration by this Court. However, it is always open for the petitioner to move another application with proper document and evidence for the withdrawal of the amount before the Tribunal.
With the aforesaid observation, the writ petition is dismissed.
Order Date :- 28.11.2017 SKM
(Abhinava Upadhya,J.)