BHAGWAN GUPTA Vs. MOTOR ACCIDENT CLAIM TRIBUNAL

JUDGEMENT

(1.) In the present case, Petitioner had filed Motor Accident Claim Petition No. 188 of 1997, Bhagwan Gupta v. Triloki Nath Tiwari and Ors. before Motor Accident Claims Tribunal, Gorakhpur. Petitioner submits that said claim petition in question was allowed on 30.5.2002 and award of Rs. 30,000 alongwith 9% interest from filing of claim petition was passed. Petitioner submits that pursuant to the said award in question amount of Rs. 19,262 has been paid by way of account payee cheque and the rest of the amount of Rs. 25,000 was directed to be invested in fixed deposit for a period of five years. Petitioner submits that accordingly said exercise was undertaken and balance amount in question, i.e., sum of Rs. 25,000 invested in fixed deposit. Petitioner states that the period for which said amount has been invested starting with effect from 3.10.2002 to 3.10.2007 has already expired then thereafter Petitioner came up with the request that amount in question be released in his favour. Petitioner stated that instead of proceeding to release the said amount in question, again said amount in question has been directed to be reinvested. At this juncture present writ petition in question has been filed.

(2.) Hon'ble Apex Court in the case of General Manager, Kerala State Road Transport Corporation, Trivandrum v. Susamma Thomas, 1994 AIR(SC) 1631, has given guidelines to be kept in mind at the point of time of passing award for safeguarding the interest of claimant. The relevant extract of the said judgment is quoted hereinbelow:

(3.) Hon'ble Apex Court again in the Lilaben Udesing Gohel v. Oriental Insurance Company Ltd. and Ors.,1996 AIR(SC) 1606, has again reiterated same principle by mentioning that the Court/Tribunal should realise their duty towards the victims of the accident so that a large part of the compensation amount is not lost to them. The very purpose of laying down the guidelines was to ensure the safety of the amount so that the claimants do not become victims of unscrupulous persons and unethical agreements or arrangements. Relevant extract of the aforesaid judgment is being extracted below: