NEELAM Vs. CHHABIL DASS

JUDGEMENT

(1.) BY way of present revision petition, the petitioners have challenged the order passed by the learned Motor Accident Claims Tribunal, Kaithal (for short the Tribunal) vide which the application moved by the petitioners herein to withdraw the amount of FDR Nos. 0486486 and 0486487 dated 28.1.2006 has been dismissed.

(2.) THE petitioners i.e. the widow and mother of the deceased sought release of the amount of compensation awarded to them by the Tribunal and deposited in the Nationalized Bank in the FDRs. The petitioners had claimed the release of the said amount to discharge debt incurred for the treatment of the deceased. The learned Tribunal rejected the claim of the petitioners merely on the ground that they failed to produce any document regarding the receipt of loan. It may further be noticed here that though in the application claim was also made that the petitioners would like to start a Kirana shop to earn their livelihood but no finding on the said plea has been recorded.

(3.) IN order to appreciate the contention of the learned counsel for the petitioners it would be appropriate to notice the law regarding depositing of compensation payable to the claimants. The Hon'ble High Court of Gujarat in the case of Muljiphai Ajarambhai Harijan v. United India Insurance Co. Ltd., 1982(1)(23) Gujarat Law Reporter 756 was pleased to lay down certain guide- lines. The said guide-lines were approved by the Hon'ble Supreme Court in the case of Union Carbide Corporation, etc., etc., v. Union of India, etc. etc. AIR 1992 Supreme Court 248. The relevant portion of the said judgment reads as under :-