THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD C.R.P.No.5826 of 2010 31st December, 2010 Between :- Shaik Chand Bee .. Petitioner And J.Krishna Naidu and another .. Respondents THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD C.R.P.No.5826 of 2010 ORDER:- The Civil Revision Petition is directed against the order in I.A.No.1284 of 2010 in O.P.No.406 of 2006 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Nalgonda, dated 11-8- 2010 by which the revision petitioner was permitted to withdraw Rs.5,000/- only on proper identification. The 1st respondent – owner of the vehicle was stated to be not a necessary party to the Civil Revision Petition. None entered appearance on behalf of the second respondent who deposited the amount to the credit of the matter though notice of the revision was served on the Branch Manager/Insurer. Heard Sri K.Sarath, the learned Counsel for the revision petitioner. The factual background for the revision is that the revision petitioner sustained injuries in a motor vehicle accident involving the car of the 1st respondent insured with the 2nd respondent and she filed O.P.No.406 of 2006 on the file of the Motor Accidents Claims Tribunal- cum-District Judge, Nalgonda, which was ordered after enquiry on 15- 7-2009 awarding a compensation of Rs.1,21,250/- with interest at 7 ½% per annum and costs. Out of the compensation amount so awarded, the revision petitioner was permitted to withdraw Rs.25,000/- only and the balance amount was ordered to be kept in Fixed Deposit in any Nationalized Bank for a period of three years. The Award shows that the revision petitioner sustained multiple fractures in the left lower leg and left humerus and was adversely affected by the consequences of the injuries suffered in the accident. The Tribunal found the revision petitioner to have suffered 35% disability and the revision petitioner after withdrawing Rs.25,000/- as per orders in I.A.No.509/2010 dated 13-4-2010, filed the present application in I.A.No.1284/2010 to relax the condition to keep the amount in Fixed Deposit for a period of three years as she wanted to develop the Chilly and Flour Mill by constructing R.C.C. roof and by installing a new machine as she was unable to do work in the Mill now in a tin shed. It is on that request that the impugned order was passed permitting the revision petitioner to withdraw Rs.5,000/- only without assigning any reasons for not accepting the request of the revision petitioner. The revision petitioner claims in this revision that the livelihood of the petitioner and her maintenance depend on running the Chilly and Flour Mill and because of her poor health as a result of the grievous injuries sustained in the road accident, she is unable to run the Mill in the tin shed and requires the money for improvement of the structure. When the source of livelihood of the revision petitioner being running of the Chilly and Flour Mill was noted even in the Award granting the compensation and when as a consequence of the accident she was disabled by 35%, her desire to improve the Chilly and Flour Mill by constructing R.C.C. Roof and by installing a new machine is but, very reasonable and just. The Tribunal should have taken into consideration all the attendant facts and circumstances in considering the said petition, as the object of keeping the amount of compensation in Fixed Deposit also is only to help the injured- claimant but not to indulge in any mechanical deprivation of the benefits of the award to her. So, while keeping back a reasonable sum to be paid to her on expiry of three years from the date of the original Award as reasonably ordered, a reasonable sum has to be provided to the revision petitioner to help her make improvements to her Mill. Accordingly, the order of the Motor Accidents Claims Tribunal- cum-Principal District Judge, Nalgonda, dated 11-8-2010 in I.A.No.1284/2010 in O.P.No.406 of 2006, is modified by directing the Tribunal to retain a sum of Rs.50,000/- (Rupees Fifty thousand only) to be kept in Fixed Deposit again till the expiry of three years from 15-7- 2009, the date of the Award, from out of the amount available to the credit of the matter and disburse the rest of the principal sum and interest which accrued till now to the revision petitioner on proper identification. The Civil Revision Petition is ordered accordingly. No costs. ________________________ G.Bhavani Prasad, J 31st December, 2010 smr