SMT. UMA SHARMA Vs. RAJENDRA SINGH

JUDGEMENT

(1.) The order dated 06.10.2016 passed on application 3 Ga registered as Misc. Case No. 13 of 2016 arising out of Motor Accident Claim tribunal No. 149 of 2011 (Smt. Usha Sharma and another v. Rajendra Singh and others) is under challenge in the present petition.

(2.) The petitioners are claimants in the claim petition which was allowed vide judgement and order dated 26.5.2014 passed by the Motor Accident Claim Tribunal namely Additional District Judge, Court No. 2, Bijnor. An amount of Rs. 3,28,500/- with simple interest of 6% per annum till the date of payment was awarded against the insurance company. The total compensation awarded was apportioned between four persons namely the claimants/petitioners i.e. wife and son of the deceased and his old parents. An amount of Rs. 1,78,500/- with simple interest fell in the share of wife/petitioner No. 1 whereas Rs. 1,00,000/- was awarded in favour of petitioner No. 2 son of the victim. Out of the total share of petitioner No. 1, an amount of Rs. 1,50,000/- was directed to be deposited in a fixed deposit account for a period of ten years with the direction that the interest amount would be released in her favour periodically towards her daily expenditures, however, only an amount of Rs. 28,500/- was directed to be released immediately. Total amount of Rs. 1,00,000/- of the share of petitioner No. 2 was directed to be invested for five years in a fixed deposit account of nationalized bank. It is specifically stated in the present petition that the award passed by the Tribunal dated 26.5.2014 has not been challenged in appeal.

(3.) An application dated 14.3.2016 with the prayer of release of compensation money was moved by the petitioners/claimants with the assertion that they needed the same for repair and extension of their house. It was stated therein that the residential house of the petitioners/claimants was in a dilapidated condition. The said application has been rejected vide order impugned dated 6.10.2016 with the reasoning that no detail of expenditure had been given with regard to the alleged repair work, the fixed deposit receipts were issued on 29.1.2015 and the date of maturity thereof are 29.1.2025 and 29.1.2020.