LILABEN UDESING GOHEL SHYAMALA SHASHIDHARAN NAYYAR PRAMILABEN NARENDRA BHAI PATEL RAMABHAI SHANKARBHAI CHAVDA LILABEN KANTABEN ANIL KUMAR PATEL MOTOR VAHAN DURGHATNA SANGHTHAN NADIAD Vs. ORIENTAL INSURANCE CO LTD:HEMRAJ LODURAM RAJPUR :NANDUBHAI AMBALAL THAKKAR:GANIBHAI AMABHAI VORA :KAJI GULAM NABI SHEIKH:GUJARAT STATE ROAD TRANSPORT CORPN:STATE OF G

JUDGEMENT

(1.) -Special leave granted.

(2.) The principal judgment that has been impugned in the 8 matters grouped together is the one dated 26-4-1993 in the case of New India Assurance Co. Ltd v. Kamlaben Sultansinh Hakumsinh Jadav in First Appeal No. 61 of 1979 of the High Court of Gujarat 1993 (1) Gujarat Law Reporter 779. The Full Bench, in that case, was called upon to decide the following questions referred by the Division Bench:

(3.) The impugned judgment goes on to say that the Court in Muljibhai's case (supra) had indicated broad guidelines which the Claims Tribunal should follow while disposing of the claim applications arising under the Motor Vehicles Act, 1939 to scotch complaints of misapplication of compensation money and that as per those guidelines the compensation money should be invested in a nationalised bank as a fixed deposit and the interest thereon should be paid directly to the claimant or his guardian, as the case may be. The Court observed that despite the compensation amount being deposited in banks unscrupulous persons by various means could get the money released from the bank thereby frustrating the intention of the Court to protect the interest of the accident victim or the heirs of a deceased in case of a fatal accident. The High Court pointed out that it was necessary to see: