MUKTABEN HIMMATLAL KORAT Vs. FATEHSINH MANROJI

JUDGEMENT

(1.) Heard the learned Counsel for the Petitioners.

(2.) The claimants-petitioners, by this Civil Revision Application under Sec. 115 of the Civil Procedure Code, 1908, challenge the order of the learned Motor Accident Claims Tribunal (Aux.) No. 11, dated 10-7-1998 under which their application Ex. 104 in Claims Petition No. 114 of 1989 came to be decided. It is necessary to mention here that Smt. Parvatiben Dayalbhai Korat, who was one of the claimants in the main claim application has died on 23-2-1998. She was mother of deceased who died in the motor vehicle accident.

(3.) Under the application, the claimants-petitioners Nos. 1 and 2 prayed for withdrawal of Rs. 5,10,920/-, being the amount of compensation deposited in the Tribunal by the insurance company. The learned Tribunal has ordered that out of the total amount of compensation of Rs. 5,10,920/-, first the amount of Court-fees to be paid on the claim application has to be deducted. Out of the remainder, the sum may be equally disbursed amongst three claimants, i.e., including deceased claimant No. 3. The Tribunal has further ordered that out of the amount coming to the share of claimant No. 1, widow of deceased, Rs. 1,10,000/- be invested in any of the nationalised banks of her choice for a period of five years on the condition that the said amount shall not be encumbered upon in any manner and that no loan will be advanced upon it. Further, periodical interest accruing due upon it may be paid to the Claimant No. 1 as per rules and regulations of the bank. The balance amount of her share was ordered to be paid to her by account payee cheque.