UMRAJI Vs. R C BAJPAI

JUDGEMENT

(1.) This civil revision arises out of unusual circumstances. The petitioner Smt. Umraji is an illiterate and indigent widow, who lost her husband Sangram in a fatal motor accident. Smt. Umraji then filed a claim on behalf of herself and her five minor children for recovery of compensation under Section 110-A of the Motor Vehicles Act, before the Motor Accident Claims Tribunal, Jabalpur. It was claim case No. 74 of 1979, decided on 23-8-1982, by Shri D. P. Shukla, Motor Accident Claims Tribunal, Jabalpur. According to the award, Rs. 29,700/- together with interest and costs, amounting in all to Rs. 36,789.85 was to be paid to the claimants. Out of the principal amount a sum of Rs. 15,000/- was awarded as compensation to the minor children, while the remaining amount was to be paid to Smt. Unraji, widow of the deceased.

(2.) Shri R. C. Bajpai, Advocate, was engaged by Smt. Umraji as her counsel in the above claim case. On 6-9-1982, an application was made by the petitioner Smt. Umraji to the Motor Accident Claims Tribunal for issue of recovery certificate under Section 110-B of the Motor Vehicles Act. Shri R. C. Bajpai appeared as counsel for the petitioner. On 24-11-1982, the petitioner Smt. Umraji engaged another counsel, Shri G. S. Ayachi, Advocate, and filed an application in the Tribunal through Shri Ayachi, stating that the insurer had remitted the amount to the Tribunal by a Bank draft and the amount be paid directly to the petitioner herself by preparing a voucher in her own name. It was also stated therein that this payment to the petitioner be made, if possible, in the shape of a Bank draft, instead of cash, for reasons of security. The Tribunal, in its order sheet dated 24-11-1982. mentioned this fact and instead of making an order straightway in accordance therewith, directed the case to be listed on 27-11-1982. The case was adjourned on 27-11-1982 to 29-11-1982 and then 30-11-1982. The order dated 30-11-1982 contains the Tribunal's direction for preparation of the voucher in the name of Shri Bajpai, stating therein that Smt. Umraji had agreed to preparation of the voucher in the name of Shri R. C. Bajpai. It is significant that the petitioner's earlier application filed through Shri Ayachi for payment only to her by preparation of the voucher in her name was not withdrawn and there was no difficulty in making the payment directly to her instead of through an intermediary.

(3.) Admittedly, the entire amount of Rs. 36,798.85 was then paid to Shri R. C. Bajpai, who deposited a sum of Rs. 15,000/- in the Bank in the names of the minor children of the deceased. It is at this stage that the controversy between Smt. Umraji and Shri R. C. Bajpai deepened. According to the initial version of Shri R. C. Bajpai, Advocate, the entire remaining amount of Rs. 21,798.85 was paid by him in cash to the petitioner Smt. Umraji on 21-12-1982, after he had deposited the amount of Rs. 15,000/- in the names of the minors in the Bank and in this manner the total amount of Rs. 36,798.85 received by him on behalf of the petitioner Smt. Umraji, had been paid to her, retaining nothing with himself. Smt. Umraji however, contended that in addition to the deposit of Rs. 15,000/-in the Bank in the names of the minor children, Shri R. C. Bajpai, Advocate, had paid her nothing and, therefore, she had been deprived of the remaining amount of Rs. 21,798.85 by Shri R. C. Bajpai, who had withdrawn and then retained the amount without any authority.