AMIR ALI Vs. MEMBER MOTOR ACCIDENTS CLAIMS TRIBUNAL

JUDGEMENT

(1.) HEARD Ms. A. Das, learned counsel for the petitioners and Mr. S.K. Medhi, learned Amicus curiae.

(2.) THE factual background of the case needs narration in order to put at rest the lingering debate. In a motor accident involving vehicle No. ASG-2607 the fathers of the present petitioners died on 03.12.81 due to rash and negligent driving of the vehicle. THE petitioners were then minors. THEir mothers had preferred claim petitions under the Motor Vehicles Act, 1939 before the learned Member, Motor Accident Claims Tribunal (for short 'Tribunal') Kamrup, Guwahati and the same were registered as MAC Case Nos. 21(K) 82, 22(K) 82, 23(K)82 and 24(K)82 respectively. By a common Judgment and Award dated 24.11.86, the learned Tribunal in each case awarded compensation of Rs.70,000/- with interest at the rate of 6% per annum from 05.06.82 till realization together with cost of Rs.500/- each. Noticing that the petitioners are minors, the learned Tribunal directed that a certain percentage of the awarded amount be invested in NSCs or FDRs to be preserved for them till they attain majority.

(3.) THE learned counsel for the petitioner submits that though meanwhile the principal amount of Rs.16,302/- has been paid to them individually in terms of the award the interest to which they are entitled on their shares of the compensation amount ordered to be kept in the fixed deposit has not yet been released.