PREM KUMARI Vs. RAJBEER SINGH

JUDGEMENT

(1.) This is an appeal under section 173 of the Motor Vehicles Act, 1988 against the order dated 11.2.1997 passed by 3rd Motor Accidents Claims Tribunal, Bhind in Claim Case No. 26 of 1996.

(2.) Briefly stated the facts are that an accident occurred on 13.2.1995 in which Mangal Singh, husband of appellant No. 1 Prem Kumari and the father of appellant Nos. 2 and 3 died. The accident occurred due to rash and negligent driving by respondent No. 1 Rajbeer Singh, driver of the alleged tractor No. MP-OJ-6838. Respondent No. 2 is the owner of the said tractor.

(3.) The claimants-appellants filed a claim before the Motor Accidents Claims Tribunal, Bhind. They also filed an application under section 140 for no fault liability. The learned Claims Tribunal, though allowed the application and passed an interim award of Rs. 50,000, but that amount was not directed to be paid to the claimants and instead it has been directed to be deposited in the fixed deposit for ten years in the name of three appellants, in the nationalised bank with a further rider that none of the appellants will be permitted to take loan on the said amount; nor they will be permitted to withdraw the amount before the expiry of ten years.