BEERO DEVI Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) Beero Devi, the widow of Raj Pal and her four minor children were awarded compensation of Rs. 7,38,320 with interest at the rate of 9 per cent per annum in their claim petition decided by the learned Motor Accidents Claims Tribunal, Karnal on 7.2.2003. It was ordered in the said award that share of the widow shall be deposited in a nationalised bank for a period of three years and she would be entitled to withdraw the same after the expiry of the said period. The share of other four minors was also ordered to be deposited in the fixed deposit receipts in some nationalised bank and they would be entitled to withdraw the same on attaining their majority. (Photocopy of the award has been produced by the learned counsel).

(2.) Beero, the petitioner, had moved an application for withdrawal of the amount and the same stands disposed of by learned M.A.C.T. vide order dated 7.2.2003. Hence, this petition for modification of the order.

(3.) Learned counsel for the petitioners has stated at the Bar that no stay has been granted by the High Court in an appeal by the insurance company and that even otherwise the insurance company has not filed any objection in the execution proceedings pending before the learned Tribunal. He then contended that whole of the amount now stands deposited by the insurance company.