LAXMI BALMIKI Vs. NEW INDIA ASSURANCE CO LTD.

JUDGEMENT

(1.) This petition has been filed challenging the order dtd. 16/3/2023 (hereinafter referred to as the 'Impugned Order') passed by the learned Motor Accident Claims Tribunal-01, (West-District), Tis Hazari Courts, Delhi (hereinafter referred to as the 'Tribunal'), dismissing the application filed by the petitioners herein which sought the release of the compensation awarded in favour of the respondent no.4 by the learned Tribunal vide its Award dtd. 1/12/2022 passed in MACT Case No. 187/2019, titled as Smt. Laxmi Balmiki and Ors. v The New India Assurance Co. Ltd. and Ors., in favour of the petitioners.

(2.) By the above-mentioned Award, the learned Tribunal had awarded a total compensation of Rs.16,89,428.00 in favour of the petitioners and the respondent no.4. Out of the total compensation awarded, a sum of Rs.4,00,000.00 plus 1/4th of the interest amount has been apportioned by the learned Tribunal in favour of the respondent no.4. Thereafter, the petitioners filed an application before the learned Tribunal contending therein that the whereabouts of the respondent no.4, who is the wife of the deceased, were not known as she has left the matrimonial home after the death of the deceased. It was, therefore, claimed before the learned Tribunal that the awarded compensation apportioned in favour of the respondent no.4 be released in favour of the petitioner no.2, who is the son of respondent no.4, and the petitioner no.1, who is the mother-in-law of the respondent no.4. The said application has been dismissed by the learned Tribunal vide its Impugned Order dtd. 16/3/2023.

(3.) Learned counsel for the petitioners reiterates that as the whereabouts of the respondent no.4 are not known, the compensation amount should be released in favour of the petitioners. He submits that the petitioners are ready and willing to provide adequate undertaking to reimburse the compensation amount in case later any claim is made by the respondent no. 4.