THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION NO.2899 OF 2011 ORDER: Aggrieved by the docket order dated 06.06.2011, passed in E.A. No.54 of 2011 in E.P. No.19 of 1999 in O.P. No.48 of 1993 on the file of the Motor Accident Claims Tribunal, Hindupur, the present revision is filed. The petitioner is the son of the deceased whose death was caused as a result of a motor accident. The Motor Accidents Claims Tribunal awarded compensation of Rs.5,04,300/- with interest and costs. The 2nd respondent initially deposited Rs.4,67,082/- in the year 1999, thereafter they deposited Rs.4,39,270/- including interest of Rs.1,02,867/-. On a petition filed by the petitioner, in E.A. No.54 of 2011 for issuance of a cheque of Rs.1,02,867/-, the Branch Manager, Oriental Insurance Company, Hindupur endorsed that they had no objection for issuance of a cheque for Rs.1,02,867/- with regard to O.P. No.48 of 1993. The petitioner had earlier filed a full settlement memo subsequent to the deposit by the 2nd respondent for Rs.4,67,082/- . It is this memo which resulted in the Court below passing a docket order holding that, in view of the full settlement memo filed, the E.A. was not maintainable and was liable to be dismissed. Though notice in this C.R.P. was served on the respondent insurance company, no Counsel has entered appearance on its behalf presumably because the Insurance company has no objection for payment of the said amount. A mistake on the part of the legal heirs of the deceased, in filing a memo, cannot result in their being deprived of the amounts legitimately due to them. I consider it appropriate, therefore, to set aside the order and remand the matter back to the Court below for its consideration afresh in accordance with law. The Court below shall, without placing reliance on the full settlement memo, adjudicate on the petitioner’s entitlement to a part of the compensation, and consider releasing the amount to the extent to which the petitioner is entitled to. The entire exercise in this regard shall be completed at the earliest in any event not later than three months from the date of receipt of a copy of this order. The Civil Revision Petition stands disposed of accordingly. Date: 09.09.2011 ____________________________ RAMESH RANGANATHAN, J MRKR