JIVABHAI KOHYABHAI AHIR Vs. BARODA GUJARAT GRAMIN BANK

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed by the petitioners - claimants against an order dtd. 28/12/2022 passed in M.A.C.M.A No. 1282 of 2022 by the learned Motor Accident Claims Tribunal (Auxiliary), Panchmahals at Godhra (the Tribunal), whereby, the Tribunal has rejected the said application requesting to disburse 70% amount of compensation, which was lying in fixed deposit.

(2.) Learned advocate Mr. A. N. Kadri for the petitioners submitted that the claimants are aged 76 and 74 respectively and Motor Accident Claim Petition was for the vehicular death of son. The learned advocate for the petitioners submitted that because of old age they are suffering from age related disease and has to continuously keep follow up due to medical condition since there is no other members in the family to look after the aged petitioners. The learned advocate for the petitioners submitted that the learned Tribunal rejected the application for disbursement of money considering the fact that medical document does not prove the expense of Rs.2.00lakh. Relying on a decision of the Apex Court in A. V. Padma v. R. Venugopal , 2012 (0) AIJEL-SC 50896, the learned advocate for the petitioners submitted that the money is required to be granted to the applicants who are aged, since the said would be of no use if it remains pending in the fixed deposit without they getting any support from their own money.

(3.) In the decision in A. V. Padma (supra), it is held as under: