SHAILA, W/O. LATE AMAR SINGH AND OTHERS Vs. BHAGAWATH DHANJI LOKANDE S/O DHANJU LOKANDE AND THE MANAGER NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) HEARD the learned Counsel for the Petitioners.

(2.) APPLICATION filed by the Petitioners seeking release of the amount, ordered to be deposited, has been rejected by the Motor Accidents Claims Tribunal vide Annexure -G holding that as this Court had specifically directed that out of the enhanced amount, a sum of 75,000/ - along with proportionate interest shall be kept in fixed deposit in the name of the 1st Petitioner herein who is the wife of late Amar Singh. for 5 years and a sum of 50,000/ - each to be kept in fixed deposit in the name of Petitioner Nos. 2 to 4 herein who are the children of deceased Amar Singh and as also a sum of 50,000/ - to be kept in fixed deposit in the name of 5th Petitioner herein, who is the mother of the deceased, the prayer made in the application for release of the amount cannot be granted.

(3.) I have heard the learned Counsel for the Petitioners and perused the entire material on record. The 1st Respondent, being the widow of the deceased, is justified in pleading that the amount may be released for celebrating the marriage of her elder daughter. However, the entire amount cannot be ordered to be released as otherwise she will be left with nothing to support her. Hence, I deem it appropriate to direct the Tribunal that 50% of the amount payable to the 1st Respondent be released in her favour.