M. Kannan Vs. V. Mohana Sundaram and anr. - Court Judgment

Excerpt:
- constitution of india article 141; [a.p. shah, c.j., f.m. ibrahim kaliffulla &v. ramasubramanian, jj] reference to larger bench - precedent - full bench decision held, it is binding on the division bench. only if the full bench comes to conclusion that earlier full bench decision is incorrect, there is scope for making reference to larger bench. division bench doubting correctness of full bench decision cannot direct registry for placing papers before chief justice to make reference to larger bench. prabha sridevan, j.1. the petitioners have filed the c.m.a. aggrieved by the quantum fixed by the v judge, court of small causes, madras in m.c.o.p. 646 of 1996 as compensation for the injuries sustained by him. at the time of filing m.c.o.p., the petitioner was a minor and was represented by his father. now he has attained majority and the petition to declare him as major was ordered by this court on 16.10.2000.2. this petition is now filed for permission to withdraw a sum of rs. 1,32,611/- which has been deposited by the insurance company. the insurance company has not challenged the award and out of the entire compensation amount that was deposited by the insurance company, a sum of rs. 52,375/- (rupees fifty two thousand three hundred and seventy five only) was withdrawn by the petitioner's father, who was representing him as his natural guardian. the balance of rs. 1,00,000/- was deposited in allahabad bank, mount road, chennai. now, along with accrued interest a sum of rs. 1,32,611/- (rupees one lakh thirty two thousand and six hundred and eleven only) is lying in court deposit since on his attaining majority, the amount was recalled from the bank.3. the petitioner is entitled to withdraw the said amount in view of the fact that the insurance company has not challenged the award. the petition is ordered accordingly.