SAVINAY JAIN Vs. MOTOR ACCIDENT CLAIM TRIBUNAL

JUDGEMENT

(1.) HEARD counsel for the petitioner. By this writ petition, the petitioner has prayed for quashing order dated 31.7.2004 passed by Motor accident Claim Tribunal by which the application of the petitioner for release of the amount deposited with Tribunal has been rejected. The Motor Accident claims Tribunal vide its award dated 3.10.2001 awarded a compensation of Rs.1,50,000.00 along with 9% interest from the date of filing of claim petition. In pursuance of the award an amount of Rs.2,24,250/- was deposited. The motor accident claims tribunal after receipt of the money passed order dated 15.3.2004 that an amount of Rs.1,24,000/- be invested for one year a fixed deposit. Petitioner on 15.7.2004 moved an application praying that petitioner be paid the entire amount. The petitioner in the application vaguely stated that she required the amount for business and other important works. The Tribunal observed that petitioner has already been given 1,00,000.00 lack in case, and the Tribunal observed that in the application it has not been stated that which business will be done by the petitioner and no other details have been given.

(2.) THE learned counsel for the petitioner challenging the order contended that the Tribunal while giving an award dated 3.10.2001 did not put any condition for the release of the amount, hence the Tribunal had no jurisdiction to reject the application of the petitioner.

(3.) THESE guidelines should be borne in mind by the Tribunals in the cases of compensation in accident cases.