Savita and Others vs Dharambir @ Angna @ Ramesh and Others

Laxmi Narain Mittal, J.—None is appearing for respondent No. 3 in spite of service. Service is complete. Petitioners have filed this revision petition under Article 227 of the Constitution of India impugning order dated 01.10.2012, passed by learned Motor Accident Claims Tribunal (in short - "the Tribunal"), thereby dismissing application filed by the petitioners for premature release of fixed deposit amounts of minors-petitioners No. 2 and 3.

I have heard counsel for the petitioners and perused the case file.

Claim petition filed by petitioners, who are widow, minor daughter and minor son of Balraj, claiming compensation for his death in motor accident, was allowed by the Tribunal, vide Award dated 01.04.2009. The compensation amount of share of minor petitioners No. 2 and 3 has been ordered to be deposited in fixed deposits till they attain the age of majority. The petitioners, however, sought premature release of the said amounts of petitioners No. 2 and 3 alleging that money is needed for their education and maintenance. Counsel for the petitioners reiterated the aforesaid version.

However, the same cannot be accepted. Interest amount of fixed deposits of the minors is already being released to their mother-petitioner No. 1. Principal amount of the minors cannot be "ordered to be released to their mother-petitioner No. 1. On the other hand, counsel for the petitioners stated that petitioner No. 2 is now aged about 17 years and 06 months, her date of birth being 15.03.1996. Consequently, she would otherwise be entitled to receive her amount after another six months on attaining the age of majority. For the reasons aforesaid, I find that there is no perversity, illegality or jurisdictional error in the impugned order of the Tribunal so as to call for interference by this Court in exercise of power of superintendence under Article 227 of the Constitution of India. Principal amount of minors'' share has been rightly declined to be released in favour of their mother. The revision petition is merit less and is accordingly dismissed.