MANU SAB Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THE revision petitioner along with his wife, was awarded compensation for the death of their son, in M. V. C. No. 18 of 1998 in a sum of rs. 60,000 which was settled in Lok Adalat. Out of the said compensation amount, a sum of Rs. 20,000 is deposited in Vysya bank for a period of five years in the name of the petitioner, by the order of the court. The balance of Rs. 40,000 is said to have been paid to the petitioner.

(2.) THE petitioner made an application for payment of Rs. 20,000 kept in fixed deposit in Vysya Bank to meet the marriage expenses of his daughter, scheduled to be held on 18. 2. 2000. Along with the application, the marriage invitation card is produced before the trial court. The trial court had rejected the request noting that rs. 40,000 is already paid to the petitioner which is available with him and the same could be utilised for the purpose of marriage, besides dwelt upon insignificant and unimportant discrepancies like the age of the petitioner shown as 32 years in the main petition and in the petition filed for withdrawal, it was shown as 43 years; thus suspected the identity of the petitioner. There appears to be an averment made by the petitioner that a sum of Rs. 40,000 is said to be in deposit whereas only Rs. 20,000 was kept in deposit. By highlighting these minor discrepancies, the trial court rejected the petition and held that the amount of rs. 40,000 already paid can be utilised for marriage, placing reliance on the ruling of the Supreme Court in the case of Union carbide Corporation v. Union of India, air 1992 SC 248.

(3.) IN para 105 of the said judgment, at page 312, guidelines to be followed by courts while disbursing compensation, have been laid down for useful reference. The same is stated hereunder: