JUDGMENT :

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order and decretal order in I.A.No.632 of 2013 in MACTOP.No.1144 of 2007 dated 17.04.2014 on the file of the III Additional District Judge, Puducherry.)

1. This Civil Revision Petition has been filed by the Petitioner/legal representative of the deceased petitioner Navaraj against the dismissal of his application in I.A.No.632 of 2013 in MACTOP.No.1144 of 2007 on the file of the III Additional District Judge, Puducherry dated 17.04.2014.

2. The petitioner herein had filed an application in I.A.No.632 of 2013 in MACTOP.No.1144 of 2007 on the file of the III Additional District Judge, Puducherry, under Rules 237 (8) & (9) of Pondicherry Motor Vehicle Rules 1989, to pass an order to permit him to withdraw the award amount of Rs.2,80,538/- with accrued interest. The learned III Additional District Judge, Puducherry, by the order dated 17.04.2014, had dismissed the said application. Feeling aggrieved, the petitioner therein had filed the present Civil Revision Petition.

3. Heard Mr.V.Ajayakumar, learned counsel for the petitioner and Mr.S.Arun Kumar, learned counsel for the second respondent/Insurance Company.

4. The learned counsel for the petitioner has submitted that one Navaraju had filed MACTOP.No.1144 of 2007 on the file of the III Additional District Judge, Puducherry, claiming compensation of Rs.5 lakhs for the death of her father Asirvatham in a motor accident. He further submitted that the Motor Accident Claims Tribunal had partly allowed the said petition and awarded Rs.2,20,000/- as compensation with interest @ 7.5% p.a. He further submitted that in pursuance of the said award, the second respondent/Insurance Company had deposited the said award amount with interest and costs, before the Tribunal. He further submitted that the said Navaraj died leaving behind the petitioner herein as her legal heir. He further submitted that the petitioner herein had filed a suit in O.S.No.542 of 2013 on the file of the Principal District Munsif, Puducherry, to declare him as legal representative of the said Navaraj and the said suit was decreed on 03.09.2013. He further submitted that based on the aforesaid judgment and decree passed in the suit, the petitioner herein had filed an application in I.A.No.632 of 2013 in MACTOP.No.1144 of 2007 seeking permission of the Tribunal for withdrawing the award amount.

5. The learned counsel for the petitioner has further submitted that the learned Tribunal had dismissed the said application on the ground that the said Navaraj is a female, but in the death certificate produced before the Civil Court, it has been mentioned as male and also on the ground that the said Navaraj died even prior to passing of the award and hence, the award which was passed in favour of the dead person cannot be enforced. He further submitted that the learned District Munsif, after considering the oral and documentary evidence, had decreed the suit declaring that the petitioner herein is the sole legal heir of the deceased Navaraj and the said decree will bind upon the Tribunal. He further submitted that even though it is stated that the said Navaraj died on 25.01.2012, the learned Tribunal had passed an award on 27.02.2012 and accepting the said award, the second respondent/Insurance Company had deposited the award amount with interest and costs before the Tribunal and as such, the Tribunal ought to have allowed the application filed by the petitioner to withdraw the said award amount. He further submitted that apart from the petitioner, no other persons came forward claiming that they are also legal heirs of the said Navaraj and under the said circumstances, the learned Tribunal should not have dismissed the petitioner’s application and therefore, he prayed to allow this Civil Revision Petition and set aside the order passed by the learned III Additional District Judge, Puducherry, dated 17.04.2014 and allow the