CRP/5234/2015 of Sk. Rizwana, Vs Tappeta Prasada Rao, on 30 December 2015

ORDER:

This Civil Revision Petition, under Article 227 of the Constitution ofIndia, is directed against the order dated 12.11.2015 of the learnedChairman, Motor Accidents Claims Tribunal – cum – V Additional DistrictJudge at Kothagudem (‘the Tribunal’, for brevity) passed in I.A.No.404 of2015 in M.A.T.O.P.No.709 of 2012.

I have heard the submissions of the learned counsel for the revisionpetitioner and I have perused the material record including the record thatwas called for from the Tribunal.

The facts of the case, which are necessary for consideration, inbrief, are as follows:- “On the death of the brother of the petitioner, she, along with otherlegal heirs/dependants, had filed a claim petition before the Tribunal. Onmerits, an award awarding compensation was passed in favour of theclaimants. Out of the total compensation awarded to the claimants, a sum ofRs.1,00,000/- was awarded to the petitioner herein towards her share. Asper the terms of the award, on deposit of the awarded amount with interestand costs by the second respondent Corporation (APSRTC), she is entitledto withdraw Rs.50,000/- out of her said share of amount. The petitioner, whowas a minor at the time of filing of the original claim petition, had filed anapplication in I.A.No.286 of 2015 for declaring her as a major. TheTribunal, by orders dated 24.07.2015, had allowed the said application anddeclared her as a major and discharged her mother from guardianship. Later, the petitioner had filed the present I.A.No.404 of 2015 before theTribunal for issuing a cheque for Rs.50,000/- in her favour as per the termsof the award. The learned standing counsel for the second respondentCorporation having received notice on the said application had endorsed noobjection. The Court below, by the order, which is impugned, had dismissed the said application as the signatures of the petitioner as well asthe photographs, which are found on the material record of the Court, arenot tallying with her signatures and photograph on her instant applicationfiled for issuance of the cheque in her favour. Feeling aggrieved, thepresent revision petition is filed.”

The learned counsel for the petitioner would submit that thephotographs which were filed originally are of the petitioner only and thatthey were taken when she was 10 years of age and that the photographsfiled along with the present petition are taken recently and that the affidavitof the mother of the petitioner is also filed to prove her identity and that thelearned standing counsel for the second respondent Corporation had alsoendorsed no objection to issue the cheque in favour of the petitioner andthat though an appeal is filed and pending before this Court, as per thedirections in the award and as no stay orders are granted, the petitioner isentitled to the issuance of a cheque as prayed for in her application and thatthe order impugned holding that the petitioner’s identity is not established isnot correct, as her identity was already established and was accepted bythe Tribunal while allowing I.A.No.286 of 2015, which was filed for declaringher as a major and that at that time also, the same photographs were filedalong with a copy of her study certificate.

Having heard the submissions of the learned counsel for thepetitioner and having perused the material record, this Court is satisfied thatthe revision petition can be disposed of with appropriate directions.

Conclusion

In the result, the revision petition is allowed and the impugnedorder is hereby set aside. Accordingly, I.A.No.404 of 2015 inM.A.T.O.P.No.709 of 2012 is remitted to the Tribunal for disposal afresh andpassing appropriate orders on being satisfied with the identity of thepetitioner and, if necessary, by directing the petitioner to produce any furtherdocuments, nonetheless, keeping in view the earlier orders of the Tribunalin I.A.No.286 of 2015 and the relevant records viz., claimpetition/interlocutory petitions earlier filed along with photographs, copy of the School Study Certificate, the affidavit of the mother of the petitioner andalso the copy of her Aadhar Card. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Civil RevisionPetition shall stand closed.

30[th] December, 2015Bvv

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M.Seetharama Murti, J