SHIVRAM REDDY AND OTHERS Vs. MUKESH AND OTHERS

JUDGEMENT

(1.) The petitioner before this Court has filed this present writ petition being aggrieved by the order dt. 11/8/2015 passed by the 4th Member, Additional Motor Accident Claims Tribunal, Ratlam in Claim Case No. 38/2015.

(2.) In the present case, the petitioners are parents of the deceased and they are aged about 58 and 49 years respectively. An amount of Rs.23,65,000/ - along with interest was awarded by the Claims Tribunal and the present petitioners are entitled or 50% of the awarded amount each. The Claims Tribunal has kept the entire awarded amount falling in their share in Fixed Deposit and a sum of Rs.50,000/ - each has been paid to them. The contention of the learned counsel for the petitioners is that the petitioners are parents of the deceased and they need money to construct a house and, therefore, 50% of the awarded amount along with interest be paid to each of them enabling them to construct a house as they do not have any source of income and they were dependent on the deceased.

(3.) After hearing learned counsel for the petitioner, this Court is of the considered opinion that the prayer of the petitioners appears to be genuine prayer and therefore, the orders passed by the Claims Tribunal is hereby set aside. The Claims Tribunal is directed to release 50% of the total awarded amount along with interest to each of the petitioners within 30 days from the date of receipt of certified copy of this order.