RAMKALI AND ORS. Vs. ASHOK KUMAR AND ORS.

JUDGEMENT

(1.) THE sole ground urged by the learned Counsel for the Appellants in this case is that the mode of disbursement of the amount awarded by the Tribunal, i.e., Rs. 7,55,500/ - (excluding the interim award granted to the Appellants) is unjustified, for, thereby, the entire awarded amount is kept with the Insurance Company and only the monthly instalment of Rs. 3,987/ - per month is being released to the claimants, who are the parents of the deceased, which amount is even less than the interest earned on the award amount. Even otherwise, the monthly instalment of Rs. 3,987/ - is not sufficient to meet the expenses of the Appellants.

(2.) THE impugned portion of the award reads as under:

(3.) ANOTHER Bench of this Court in MAC. United India Insurance Co. Ltd. v. Reeta Devi and Ors. APP. No. 651/2007. decided on 04.11.2008, had directed the Insurance Company to send the respective share of monthly payment to the claimants by way of crossed cheques by the 10th of every month at the addresses mentioned in the memo of parties or at any other address to be furnished by the claimants to the Insurance Company on the premise that it would be in the interest of justice to direct the Motor Accident Claims Tribunals to award compensation amount by periodical instalments only and not in lumpsum. Reversing this direction of the Delhi High Court, the Supreme Court in Special Leave to Reeta Devi and Anr. v. United India Insurance Co. Ltd. and Anr. Appeal (Civil) No(s). 15796/2009 held that the grant of monthly instalments of the awarded amount by the learned Tribunal was wholly unjustified.