Jasbir Kaur and Another vs The Oriental Insurance Co.

Virender Singh, J.—Jasbir Kaur petitioner No. 1 is widow of Jagtar Singh and Piar Kaur petitioner No. 2 is mother of Jagtar Singh the present two petitioners along with two minor children filed a claim petition for compensation on account of death of Jagtar Singh in road accident. The learned Tribunal vide award dated 28.4.2003 awarded a sum of Rs. 2,93,800/- to all the claimants, out of which Rs. 1,43,800/- were to be paid to petitioner No. 1 and the remaining Rs. 1,50,000/- were to be paid to petitioner No. 2 and minor children. Besides this the interest at the rate of 9% per annum was also awarded from the date of application till the realisation of the amount. It was also ordered by the Tribunal that the above said amount shall be deposited in the Fixed Deposit Receipts in some nationalised bank.

It has been stated at bar that the complete amount of compensation has been deposited by the Insurance Company before the Tribunal. The same now stands deposited with Oriental Bank of Commerce, Thanesar in the shape of FDRs.

The present two petitioners moved an application for withdrawal of the amount of their share on the ground that they are in need of the same. The said application stands declined vide impugned order dated 9.9.2003. Hence this petition.

Since it is a short matter, it can be disposed of at the preliminary stage itself with out issuance of notice to the other side.

Learned counsel for the petitioners contends that both the petitioners are in dire need of financial help. Whatever is stated in the ground of revision has been submitted before me.

Learned counsel in support of his contentions has relied upon a judgment of Apex Court rendered in H.S. Ahammed Hussain v. Irfan Ahammed 2002(3) R.C.R. 563, in which it has been held by their Lordships that deposit of compensation in Fixed Deposit Schemes is not proper in the case of adults. In the said case; the parents of the deceased were paid their share of compensation in cash and it was directed that in case the money is already deposited in the nationalised bank, the premature withdrawal can be made by the party.

The case of the present petitioners is squarely covered by the judgment rendered in H.S. Ahammed Hussain''s case (supra).

Consequently, it is ordere that on an application of the present petitioners, the concerned Bank Official would release their FDRs as premature withdrawal and the cash amount along with interest accrued till date would be given to them.

However, it is made clear that the amount already deposited in the nationalized bank in the name of two minor children of Smt. Jasbir Kaur would remain intact till they attain the age of majority or in between any order is passed by any competent court for its release. The present petition is disposed of accordingly.