JATANBEN LALJIBHAI RABARI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) RULE. Mr. Mehta learned Counsel waives service of notice of rule for respondent No. 1, and Ms. Bhavika Kotecha learned AGP waives service of notice of rule for the respondent No. 2.

(2.) WITH the consent of the learned Counsel appearing for both the sides, the matter is finally heard today.

(3.) THE short facts of the case appear to be that the Claim Petition No. 745 of 1995 was filed before the Motor Accident Claims Tribunal at Himmatnagar. Ultimately, the award was passed by the tribunal dated 31. 7. 2006, whereby the amount of compensation was awarded of Rs. 8,93,600/- with interest. It has been stated by Mr. Mehta learned Counsel for the Insurance Company that no appeal is preferred. It appears that thereafter, the Insurance Company deposited the amount, and the petitioners had applied for permitting withdrawal. However, the tribunal passed an order for investment as per the award, and did not permit withdrawal, so far as the share of petitioner No. 1, who was widow and the petitioner No. 2, who was the daughter of the deceased, and full amount of their shares is ordered to be invested in the FDR, for a period of five years, and the petitioners are only permitted to withdraw periodical interest from time to time. It is under these circumstances, the petitioners have approached to this Court by the present petition.