Nathi vs Motor Accidents Claims Tribunal and Others

J.C. Verma, J.—A claim application was filed before the Motor Accidents Claims Tribunal, Ajmer claiming certain compensation because of the accident caused on 4.12.1992 while the petitioner was travelling in a Tempo No. RJ 01 P 0397. The claim application was allowed on 20.2.1998 for a total compensation of Rs. 1,10,000, the amount of interim relief Rs. 12,000 was deducted and the remaining amount Rs. 98,000 and the interest thereupon was to be paid to petitioner. The Tribunal had ordered that out of the total amount of award Rs. 30,000 shall be paid to petitioner and the remaining amount be deposited in fixed deposit for three years and five years by dividing the same in two equal halves. As per orders of the Tribunal the amount of Rs. 65,107 and Rs. 65,108 were deposited in two fixed deposits for 5 years and 3 years.

The petitioner was to marry her two daughters, namely, Lalita and Seema, which was fixed in the month of February, 1999. Her husband is a class IV employee. To utilise the amount towards expenses of marriage of her daughters she applied for releasing the amount of fixed deposits. The Tribunal vide order dated 22.1.1999, Annexure 3, has rejected the request of petitioner for releasing the amount of fixed deposits. Being aggrieved, the petitioner has filed the present writ petition with the prayer to quash and set aside the order dated 22. 1.1999 and to allow the petitioner to withdraw the amount of fixed deposits for making arrangement of the marriage of her daughters.

It is submitted by the counsel for petitioner that none of the respondents has filed any appeal and the award has not been challenged in any court.

Reliance is being placed on the judgment in the case of Durga Devi Vs. Motor Accident Claims Tribunal (SH.R.P. Bhasin), and Runna Vs. Vth Additional District Judge/Motor Accidents Claims Tribunal, wherein it was held that awarded compensation to major claimants should not be deposited in fixed deposit without their consent.

In the present case, the petitioner was requiring the amount for the marriage of her daughters. It is not understandable as to what she would do with the savings, by way of fixed deposit, when she is forced to beg or borrow the money for solemnising the marriage of her daughters.

For the reason that the amount stood already deposited and the award has not been challenged, the writ petition can be decided in limine without issuing any notice to other parties, as no other party is interested against the petitioner and the writ petition can be allowed.

The writ petition is allowed with the direction to respective Motor Accidents Claims Tribunal, Ajmer and the bank where the amount of award stands deposited that in case the petitioner wants to withdraw the amount of fixed deposits, as discussed above, the same shall be released to her without any further delay, along with the interest which might have been accrued to her.

For the reasons mentioned above, the writ petition is allowed and the impugned order dated 22.1.1999 is quashed and set aside.