NEELAM SAXENA Vs. STATE OF U P

JUDGEMENT

(1.) S. N. Srivastava, J. Impugned herein is the order dated 10-11- 2004 passed by respondent No. 3 on the Misc. Application dated 13-4-2004 filed by petitioner No. 1 for payment of the difference of interest in M. A. C. Case No. 40 of 1998 which may have accrued to them under the Fixed Deposit Scheme.

(2.) IT would appear from the record that by means of Award dated 30-6-1998, the Motor Accident Claims Tribunal arrayed as respondent No. 3 in the instant petition awarded a sum of Rs. 4,17,500 payable by National Insurance Company arrayed as respondent No. 4 attended with direction that the amount falling in the shares of petitioners 2,3 and 4 shall be deposited in Fixed Deposit Scheme and for a fixed period. IT would further transpire that in compliance of directions of the Court, the National Insurance Company deposited the entire amount alongwith interest in the account of District Judge. IT would further appear that Instead of depositing the amount in Fixed Deposit Scheme as directed by the Tribunal, and the High Court the office of the District Judge, Mahoba, credited the said amount in saving Bank; Account of the District Judge, Mahoba. IT would further transpire that the aforesaid award was challenged in appeal before this Court and this Court vide its judgment dated 19-1-2004, dismissed the appeal and directed release of the entire amount within three months. Consequently, it would further transpire, the entire amount was released in favour of the petitioners. Subsequently, the petitioners moved an application before the Motor Accident Claims Tribunal/district Judge, Mahoba demanding interest accruing under the term deposit scheme on the amount in terms of directions of the Tribunal which was to the effect that the amount would be deposited in Fixed Deposit Scheme. The aforesaid application was rejected upon perusal of the report submitted by the Sadar Munsarim. IT is this order which is impugned herein.