GEETA RANI Vs. ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) This revision petition is directed against the order dated 30th August, 2001 passed by the Motor Accident Claims Tribunal (for brevity the Tribunal). The Tribunal has declined the prayer of the petitioners for disbursing the awarded amount which was ordered to be kept is Fixed Deposit Receipt vide award dated 1.3.2000.

(2.) The petitioners filed an application for the disbursement of the amount with the averments that Geeta Rani has four minor children to maintain beside herself and having no source of income she wants to open a grocery shop to earn her livelihood. She asserted that she has a legal necessity. However, their application was rejected on 30.8.2001 by the Tribunal by recording the following order:

(3.) Shri Dinesh Kumar Gupta, learned counsel for the petitioners has argued that there is no provision in the Motor Vehicles Act casting any duty on the Tribunal to put the awarded amount in fixed deposit either in the cases of minor or in the cases of major. He further submitted that the Tribunal in the larger interest of the minor children who are of tender age has passed order for depositing of the awarded amount in Fixed Deposit which is understandable. However, there is no reason for the Tribunal to decline such a prayer of the persons who have attained the age of majority.