THE HON’BLE MR JUSTICE G.V.SEETHAPATHY C.M.A.No.4423 of 2004 JUDGMENT: Heard the learned counsel for the appellant-insurer and the learned counsel for the first respondent/claimant. Perused the records. The issue raised in this appeal is squarely covered by the common judgment, dated 17-10-2006 in C.M.A.No.213 of 2005 and 317 of 2005, which also arose out of the same accident. Hence, the present appeal is also disposed of, as covered by the earlier common judgment, dated 17-10-2006, issuing same directions to the effect that the amounts, which were deposited by the insured and withdrawn by the claimant, shall not be recovered from him at this length of time. The said direction is made keeping in view the status of the claimant, who is labourer, and at this length of time, it would be difficult for him to repay the said amount to the insurer. There shall be no order as to costs. ___________________ G.V.SEETHAPATHY, J Date:25-11-2009 Prv