KARIMBHAI ALLARAKHA Vs. ANJANABEN ALIAS RAZIABEN ALLARAKHAKARIMBHAI

JUDGEMENT

(1.) THE appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, "the Act") is preferred by two of the original claimants, who were minor at the time of filing of the claim petition, and the main respondent No. 1 is the mother of the appellants. The sole contention of the appellants being restricted to reallocating the share of compensation among the three, rest of the parties are not required to be served or heard and, accordingly, already deleted. The facts of the case are also not required to be adverted to accept, as far as proper distribution of the compensation is concerned. There was no dispute about the facts that the appellants were minor, aged four years and nine months respectively, when the claim petition was preferred in the year 1994 and respondent No. 1-mother had naturally posed as the next friend and natural guardian of the appellants. Even as the claim petition came to be decided by the impugned award and order dated 09. 01. 2007, the respondent mother had remarried in March, 1995, leaving the appellants with the brothers of the deceased. As on today, respondent No. 1-mother is herself serving after obtaining compassionate appointment and having children born of her remarriage. Out of the appellant brothers, the elder one is now major and both are studying in school.

(2.) UNDER the above circumstances, it was fairly conceded by learned counsel Mr. Satta, appearing for respondent No. 1, that the amount of compensation deposited pursuant to the impugned award was required to be properly distributed and invested and the final order of the Tribunal was required to be modified in the interest of justice. It was stated at the bar that a total sum of Rs. 5,81,778/- was deposited pursuant to the impugned award and some amount may have to be deducted by the Tribunal towards process fee, Court fee etc. Therefore, by consent, it is directed that a sum of Rs. 1,50,000/- shall be invested in the name of each of the appellants in a Fixed Deposit for a period of 5 years in the nationalised bank and the interest accruing thereon shall be paid to the appellants at quarterly rests. Each of the appellants shall also be entitled to receive Rs. 50,000/- and the total amount of Rs. 1,00,000/- on that basis shall be paid by A/c. Payee cheque in the name of appellant No. 1, namely Karimbhai Allarakha Ghanchi. Out of the remaining amount, after allocating Rs. 4,00,000/- to the appellant as aforesaid, Rs. 1,00,000/- shall be invested in the name of respondent No. 1, namely Anjanaben @ Raziaben, wd/o of Allarakha Karimbhai and now, wife of Baldevbhai Trikamdas Patel, in Fixed Deposit for three years in a nationalised bank and interest accruing thereon shall be paid to her. The remaining amount available to the claimant shall be paid to her by crossed cheque in her name. The final order of the Tribunal in the impugned award shall stand modified to the aforesaid extent. The appeal is partly allowed accordingly with no order as to costs. Civil application is disposed as infructuous and not pressed.