AYYUB KHAN Vs. PRATAP GURJAR

JUDGEMENT

(1.) The limited challenge to the order dtd. 23/9/2021 passed by the Motor Accident Claims Tribunal, Palwal (hereinafter referred to as the 'Tribunal') is to the extent whereby the Tribunal has directed 50% of the compensation awarded to be deposited in fixed deposits. The further challenge is to the order dtd. 12/5/2022 dismissing the application filed by the petitioners for release of the amount directed to be deposited in the FDRs.

(2.) Learned counsel for the petitioners would contend that the petitioners lost their son namely, Sakir, in a motor vehicle accident. The Tribunal awarded a total amount of Rs.11,18,272.00 along with interest @ 7.5% per annum from the date of filing of the claim petition till its realization. However, it was further directed that on realization of the awarded amount together with the interest, the same shall be shared equally by the claimants and 50% of the amount of the share of the claimants was directed to be paid in cash to them whereas remaining 50% was directed to be deposited in a FDR in a nationalized bank in their names for a period of three years.

(3.) Learned counsel for the petitioners would contend that both the petitioners are over 40 years of age and have three other children to look after and hence the money is urgently required by them. In support of his contention, he relies on judgment of the Hon'ble Supreme Court in H.S. Ahammed Hussain vs. Irfan Ahammed, [2002 (3) RCR (Civil) 563] to contend that in the case of an adult it would not be appropriate to direct the deposit of the amount of compensation in a fixed deposit.