RANVEER SINGH Vs. MANPHOOL SINGH AND OTHERS

JUDGEMENT

(1.) Petitioner, herein, suffered disability in a motor vehicle accident, which occurred on 17.05.2011 at about 02:30 p.m in the area of village Path due to rash and negligent driving of school bus bearing No. HR-66-2688 driven by its driver-respondent no.1 before the Motor Accident Claims Tribunal, Narnaul in a rash and negligent manner. FIR No. 120 dated 17.05.2011 under Sections 279, 337 and 338 IPC was registered regarding this motor vehicle accident in Police Station Sadar Narnaul against respondent no.1. The petitioner, herein, filed MACT case No. 110 of 2011 against driver, owner and insurer of the offending vehiclebefore the Motor Accident Claims Tribunal, Narnaul, that was contested by the respondents and finally vide award dated 12.07.2013, compensation to the tune of Rs. 9,72,000/- was awarded to the petitioner against the respondents with interest, thereon, at the rate of interest 7% per annum from the date of filing of the claim petition till realization of the entire amount of compensation. But the entire award amount was ordered to be deposited in the FDR in a nationalized bank for an indefinite period.

(2.) Respondent no.3 in the claim petitionbeing insurer of the offending vehicle deposited the amount of compensation before the Tribunal, but the entire amount was kept in fixed deposit receipt in the name of the petitioner, herein, as ordered by the Claim Tribunal in its award dated 12.07.2013. Only the guardian of the petitioner, his wife namely Ram Kala was allowed to have interest on this amount for spending the same on the welfare of the petitioner.

(3.) The petitioner was in dire need of the money and, therefore, he through his guardian i.e his wife Smt. Ram Kala filed application before the Tribunal for release of Rs. 4,50,000/- as she had borrowed this much amount for the treatment of the petitioner @ 2% pm. So, it was contended in the application that she has to pay the principal amount of Rs. 4,50,000/- to her borrower, besides, interest @ 12% P.A., therefore, the amount of Rs. 4,50,000/- may be ordered to be released in her name.