AIDAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Om Prakash Rai, learned counsel for the petitioners, learned Standing Counsel and perused the record.

(2.) This writ petition has been filed challenging the orders dtd. 5/6/2023 passed by Motor Accident Claims Tribunal, Bulandshahar in Misc. Case No. 545 of 2023 and 555 of 2023 directing for part release of the compensation awarded in claim petition i.e. Motor Accident Claim Petition No. 468 of 2015 and directing the remaining amount to be invested in a Fixed Deposit.

(3.) Brief facts of the case are that one Ganpat Singh son of Aidal Singh died in a road accident on 19/8/2015 at about 08:00P.M. involving fortuner car No. UP81 CB 7686. Claim petition No. 468 of 2015 was filed by the claimants i.e. parents of the deceased Ganpat Singh along with two unmarried sisters and one brother of the deceased under Sec. 166 of the Motor Vehicle Act. The aforesaid claim petition was allowed by the Motor Accident Claim Tribunal/ Additional District Judge, Court No. 12, Bulandshahar vide its award dtd. 24/10/2017. Motor Accident Claims Tribunal awarded a sum of Rs.15,39,000.00 to be paid by the Insurance Company along with an interest @ 7% per annum from the date of filing of the application. The claimant nos. 3, 4 and 5 who were sisters and brother of the deceased Ganpat Singh were held not entitled for compensation by the tribunal as they were not dependent upon the deceased Ganpat Singh. Parents of the deceased Ganpat Singh i.e. claimant nos. 1 and 2 were given compensation in equal shares. The tribunal vide award dtd. 24/10/2017 directed for a payment of Rs.2,00,000.00 to each of the claimants i.e. claimant nos. 1 and 2 and directed that the remaining amount shall be deposited in a nationalized bank having maximum interest.