JAKIR HUSSAIN Vs. DINESH KUMAR

JUDGEMENT

(1.) By filing this petition under Article 227 of the Constitution of India, the petitioners seek to challenge impugned order dated 19.2.2008 (Annexure P3) passed in Claim Case No. 15 of 2007 by M.A.C.T., Bhanpura, District Mandsaur.

(2.) By the impugned order, the learned Member of the Tribunal allowed the application made by petitioners under section 140 of the Motor Vehicles Act and awarded interim compensation of Rs. 50,000 payable to the claimants for the death of their unmarried son Arif Hussain, who died in a motor accident. While passing this order, learned Member of the Tribunal directed that the entire amount be deposited in a bank in the form of F.D.R. for a period of 5 years. It is this direction, i.e., deposit of Rs. 50,000 in F.D.R., which is challenged in this petition.

(3.) Having heard the learned counsel for the petitioners and on perusal of the record of the case, we are inclined to allow this writ petition as directed infra.