SAROJ DEVI Vs. MOTOR ACCODENT TRIBUNAL

JUDGEMENT

(1.) Heard learned counsel for the petitioners and Sri Savitra Vardhan Singh, learned Additional Chief Standing Counsel, who has assisted the Court in the matter.

(2.) Present petition has been filed challenging the order dated 05.12.2018 passed by the Additional Sessions Judge/F.T.C.-II/Tribunal Bahraich, by which the application filed by the petitioners for release of the 75% amount under term deposit has been rejected. Copy of the order dated 05.12.2018 is Annexure No.1 to the petition.

(3.) Learned counsel for the petitioners contends that initially a claim petition was filed against the respondent no.2 - Insurance Company seeking compensation on account of an accident in which Sri Devi Prasad Srivastava, husband of the petitioner no.1 and father of petitioner no.2, had died. During pendency of the claim petition itself the respondent no.2 and the petitioners compromised which resulted into the respondent no.2 - Insurance Company agreeing to pay an amount of Rs. 19,00,000/- to the petitioners. At that time there was one more claimant namely Gaurav Srivastava, who is a minor. Copy of the compromise award dated 25.07.2018 as amended on 26.07.2018 is Annexure-2 to the petition. In terms of the award, the learned court below apportioned the amount of Rs. 19,00,000/- giving an amount of Rs. 6,33,334/- to petitioner no.1, an amount of Rs. 6,33,333/- to petitioner no.2 and Sri Gaurav Srivastava each. Out of the aforesaid amount of Rs. 19,00,000/-, 75% amount was to be kept in a term deposit with a nationalized bank for a period of five years. In pursuance thereof, the cash portion i.e. 25% of the amount was paid to all three claimants while 75% was kept in a term deposit for a period of five years as reflected from the copies of the term deposit receipts which have been filed cumulatively as Annexure-4 to the petition.