SEJALBEN PANCHAMSINH PARMAR Vs. MAHESHBHAI VITTHALBHAI VAGHELA

JUDGEMENT

(1.) It has been brought to the notice of this Court that inspite of an order of this Court in the Lok Adalat and on agreed terms and conditions of the settlement, it was not followed, the judgment and award dtd. 14/2/2020 passed in MACP No.817/13 came to be modified and petitioners were granted additional amount of Rs.4,90,000.00, which included interest and cost, over and above the awarded amount, as agreed by the parties, which ICICI Lombard General Insurance Company was to deposit the additional amount within three months from the date of receipt of the order and the Tribunal was directed to disburse the entire amount lying in form of FDs including the amount of Rs.4,90,000.00, which was to be disbursed in favour of the original claimants after due verification by way of account payee cheque or NEFT within a period of three weeks and the apportionment of the said amount was to be made in accordance to the original award of the Tribunal. Mr. Bhalodi, thus, submits that though there was conciliation order dtd. 26/6/2022 of this Court in First Appeal no.1204/21, whereby total amount was ordered to be disbursed to the claimants, the learned Tribunal failed to do so and 40:60 apportionment has been made in regard to applicants no.1 and 3. Mr. Bhalodi further states that so far as the claimants no.2 and 4 are concerned, the amount so deposited in the FDRs would require no modification since both the claimants are willing to get invested the same for the benefit and welfare of the minor, but since the claimants no.1 and 3 are women, they have to take care of both the minors and are having no independent source of income, thus, the settlement terms were drawn so that the amount which comes to the share of claimants no.1 and 3 would be totally paid and thus, Mr. Bhalodi submits that accordingly, the settlement terms was allowed by the conciliators of this Court. Inspite of that, 60% amount has been deposited in the FDR.

(2.) Perused the operative part of the order dtd. 8/9/2022. It appears that total amount which comes in the share of the minor is ordered to be placed in the fixed deposit of the nationalized Bank, while the amount which comes to the share of claimants no.1 and 3 has been apportioned as 40:60 and only 40% amount has been given, while remaining 60% is ordered to be placed in fixed deposit of three years in a nationalized Bank. The said order of the claimants no.1 and 3 is not in consonance with the order of this Court dtd. 26/6/2022, which was passed in the Lok Adalat. It is unfortunate that the Tribunal failed to maintain the spirit of the Lok Adalat and has erred in not following the order in letter and spirit. Hence, the order of the Tribunal passed in MACMA no.734 of 2022 dtd. 8/9/2022 passed by the MACT (Aux), Kheda at Nadiad is modified and the Tribunal is directed that 60% amount placed in the FDRs in the name of claimants no.1 and 3 be totally granted to them along with accrued interest on it. Further, as per the conciliation order, all the amounts which are lying in the name of claimants no.1 and 3 in any of the FDRs is also required to be paid. Thus, all the money which is in connection with the MACP placed in any of the FDRs be granted to the claimants no.1 and 3 totally along with the accrued interest.

(3.) Accordingly, the present petition stands disposed of.