ASRAF Vs. MOTOR ACCIDENTS CLAIMS TRIBUNAL

JUDGEMENT

(1.) THIS Revision petition is directed against the order dated 10.5.2007 passed by Motor Accidents Tribunal, Gurgaon, whereby an application filed by the petitioner-applicant for modification of the Award to the extent it directed deposit of the entire compensation in a fixed deposit has been rejected. The petitioner has also filed a copy of the original award, which is placed on record.

(2.) ON perusal of the Award dated 10.6.2006, it appears that the petitioner Asraf, filed the claim petition for compensation on account of the injuries suffered by him in the vehicular accident. The Tribunal has awarded an amount of Rs. 10,26,000/- as compensation. After awarding the amount, the Tribunal directed the amount to be deposited in a fixed deposit and also directed the Bank to make the endorsement on the FDRs. The petitioner-applicant after passing of the award made an application seeking modification of the award and also release of the amount of the FDRs. The Tribunal has rejected this application. The petitioner/applicant mentioned in the application that his son is ill and his wife is suffering from T.B. I fail to understand, how the Tribunal while awarding the compensation for the injuries to the petitioner, about 25 years of age, who is directed to deposit of amount in Fixed Deposit. The Tribunal has no such jurisdiction in a case where the claimant is major. This condition incorporated by the Tribunal is unwarranted and uncalled for in the eyes of law. The Tribunal while rejecting the application of the petitioner for modification of the award recorded no reason. The claimant who is major has every right to utilise the amount in any manner, he limes. In view of the above circumstances, the order impugned is set aside and application of petitioner for release of award amount kept in FDR is allowed. Bank shall release the amount if approached. Petition allowed.