S.S.SARON,J - (1.) THE Civil Misc. application has been filed for release of the entire compensation amount in cash awarded in favour of the applicant- appellant.
(2.) NOTICE of the Civil Misc. application was issued to respondent No. 3 New India Insurance Co. Ltd. However, no one has put in appearance on its behalf on the last date of hearing i.e. January 25, 2008. Even today, no one is present on its behalf. Learned counsel appearing for applicant-appellant submits that during the pendency of the appeal, the entire amount awarded to the claimant- applicant is liable to be released and the learned Tribunal has erred in ordering that Rs. 10,000/- be paid to the claimant in cash and the balance amount of Rs. 40,000/- along with interest accrued thereon, be deposited in the Fixed Deposit in a Nationalized Bank for a period of three years. The claimant has been held entitled to receive the interest quarterly accruing on the said FDR directly from the Bank. It is submitted that the claimant is in need of money and is injured. Therefore, the deposit of balance amount in a fixed deposit for a period of three years would not serve any purpose.
(3.) AFTER giving any thoughtful consideration to the matter, it may be noticed that in the motor vehicle accident that had occurred in the present case, the claimant-appellant had sustained injuries. He remained admitted in Command Hospital, Chandimandir from 12.12.2004 to 6.1.2005. He was operated upon and steel rods were inserted in his leg and arm. Thereafter, he was again admitted on 28.6.2006 and was again operated upon and his plastic surgery was done. He has not recovered from the injuries and his leg has been shortened. However, it was observed that there was no medical evidence on record to substantiate the said plea. This, according to the learned counsel, is a wrong finding of fact as medical evidence has been duly produced on record. A reference has been made to the disability certificate (Ex.P-4) wherein the Medical Board has assessed the disability of the claimant- appellant as 22% with respect to the lower limb. It is submitted that the discharge slips (Ex.P2 and Ex.P3) which are on record have not been considered. In H.S. Ahammed Hussain v. Irfan Ahammed, 2002(3) RCR(Civil) 563 (SC) it was observed by the Hon'ble Supreme Court that deposit of compensation in fixed deposit schemes was not proper in the case of adults and if invested in fixed deposits, it has to be withdrawn premature. Besides, in General Manager, Kerala State Road Transport Corporation, Trivandrum v. Susamma Thomas (Mrs) and others, (1994-2)107 PLR 1 : (1994)2 SCC 176 the Hon'ble Supreme Court laid down various guidelines and 6th guidelines is as follows : (vi) 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.";