SHANTI BAI Vs. VESTA

JUDGEMENT

(1.) THE claimant Shanti Bai, is the petitioner before this Court. She is aggrieved against an order dated September 14, 2006 passed by the Motor Accident Claims Tribunal, whereby an application filed by the claimant- petitioner for withdrawal of the amount lying in two fixed deposits in the bank in the name of deceased Arjun (son of the petitioner Shanti Bai), has been rejected.

(2.) THE facts on record depict that Janu, husband of the petitioner Shanti Bai and father of minor Arjun, had died in a motor accident on January 4, 2001. An award dated February 25, 2003 was passed by Motor Accident Claims Tribunal, whereby the heirs/dependents of the deceased Janu were awarded compensation. The amount of compensation payable to minor Arjun, was ordered to be deposited in a fix deposit, till the aforesaid minor attained majority. Consequently, two fixed deposits, for an amount of Rs. 20,000/- dated October 27, 2001 and another amount of Rs. 42,966/- deposited on March 8, 2004, were prepared in the name of minor Arjun. The aforesaid Arjun, however, died on May 27, 2006, leaving behind Smt. Shanti Bai, his mother as the sole legal heir. Consequently, upon the death of Arjun, Shanti Bai filed an application before the Tribunal requesting that the amount of compensation, lying deposited in the fixed deposits in the name of deceased Arjun, be ordered to be disbursed to her. The said application has been rejected by the Tribunal.

(3.) CONSEQUENTLY , the present petition is allowed. The order dated September 14, 2006 passed by the Tribunal is set aside. It is directed that the amount of two fixed deposits with interest accrued up-to date, lying deposited in the name of deceased Arjun Singh, shall be disbursed forthwith to the petitioner Smt. Shanti Bai.