MANJU DEVI AND ORS. Vs. MOTOR ACCIDENT CLAIMS TRIBUNAL/SPECIAL JUDGE/ADDITIONAL DISTRICT JUDGE, MUZAFFAR NAGAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners.

(2.) The petitioners alongwith one Smt. Vedvati made a claim for grant of compensation under the provisions of the Motor Vehicles Act, 1988(The Act) on account of death of Dharmendra Mohan in a motor accident. The petition was registered as claim petition no. 401 of 2011. Dharmendra Mohan, who died in a road accident, was the husband of petitioner no.1, father of petitioners no.2 and 3 and son of Smt. Vedvati. The Motor Accident Claims Tribunal by an award dated 31.10.2012 allowed the claim petition in part and directed for payment of compensation of Rs.3,19,000/- to the claimant alongwith interest @ 6% per annum, since 19.4.2011, the date on which the claim petition was filed. The award passed by the Motor Accident Claims Tribunal further provides that petitioner no.1 would become entitled to half of amount of compensation awarded by the Tribunal and the remaining claimants would each get 1/6 of the total amount. A further direction was issued that the amount coming to the share of the petitioner no.1 and Smt.Vedvati would be released only to the extent of half of the amount and the remaining amount would be invested in a fixed deposit of a nationalised bank for a period of three years. In respect of petitioners no. 2 and 3, there was a specific direction for payment of entire amount coming to their share by means of a crossed cheque.

(3.) In compliance of the award, it is not in dispute that a sum of Rs.3,44,000/- was deposited in Indian Bank by a cheque dated 5/2/2014. The Tribunal by order dated 9.4.2014 directed the bank to apportion the amount deposited in favour of the claimants in the following manner :-