THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.1243 of 2003 Date: 26-8-2010 Between Y.Bhagyamma … Appellant/Petitioner and A.P.S.R.T.C., Rep. by Vice-Chairman & Managing Director, Musheerabad, Hyderabad … Respondent/Respondent THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.1243 of 2003 Oral Judgment: Despite service of notice, none appears for the respondent-Andhra Pradesh State Road Transport Corporation (‘the Corporation’ for brevity). 2. Heard Sri J.U.M.V.Prasad, learned counsel for the appellant-petitioner (claimant). 3. Appeal by the claimant challenging the order dated 17-12-2002 passed by the Chairman, Motor Accidents Claims Tribunal cum I Additional District Judge, Kurnool in dismissing the application I.A.No.963 of 2002 in M.V.O.P.No.39 of 2000 filed under Rule 234 of C.P.C., seeking to issue a cheque for Rs.6,353/- in favour of her towards the interest accrued on Rs.30,000/- on the ground that there was no decision regarding the genuineness of the M.V.O.P. 4. On earlier occasion, when the matter came up before me in C.R.P.No.1479 of 2003, it was brought to the notice of this Court that two M.V.O.Ps., have been filed in different Tribunals by the wife, mother and two minor sisters of the deceased. Those two M.V.O.Ps., are -- 39 of 2000 and 312 of 2000 filed on the files of the I Additional District Judge, Kurnool and the Motor Accidents Claims Tribunal, Mahaboobnagar, respectively. Eventually, by an order dated 01-9-2003 this Court in C.R.P.No.1479 of 2003 had set aside the award passed by the Lok Adalat at Mahaboobnagar, in M.V.O.P.No.312 of 2000, which was held to be not genuine. Eventually, the judgment rendered by the Tribunal at Kurnool in M.V.O.P.No.39 of 2000 was held to be valid. 5. Now, the question is whether the claimant can be permitted to receive a cheque for a sum of Rs.6,353/- ? 6. I have gone through the Affidavit filed in support of the application in the M.V.O.P. 7. Having regard to the facts and circumstances stated in the Affidavit, I am of the view that the only reason for the Tribunal at Kurnool to reject the prayer in the application was the genuineness of the two M.V.O.Ps., was not decided. O.P.No.39 of 2000 was actually filed by the mother, wife and two minor sisters of the deceased and to the share of mother, a sum of Rs.30,000/- was awarded to the claimant herein and a sum of Rs.6,353/- was accrued towards interest on the said amount. 8. Therefore, having regard to the facts and circumstances, I am convinced that the appellant-mother of the deceased is expedient to be permitted to withdraw the said amount. 9. Now, since it has been decided that the award dated 01-12-2001 in M.V.O.P.No.39 of 2000 passed by the I Additional District Judge, Kurnool, was held to be genuine, after setting aside the award dated 29-02-2001 in M.V.O.P.No.312 of 2000 passed by the Lok Adalat (MACT), Mahaboobnagar, I am of the view that the present prayer can be accepted by permitting the appellant herein to withdraw the amount of Rs.6,353/- in the interest of justice. 10. In the result, the appeal is allowed, setting aside the order under appeal. _______________________ JUSTICE D.S.R.VARMA 26th August, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.1243 of 2003 26th August, 2010. (Ak)