MINDRO Vs. KRISHAN KUMAR

JUDGEMENT

(1.) The present revision petition has been filed under Art. 227 of the Constitution of India for setting aside impugned order dated 13.9.2016 (Annexure P-1) passed by Motor Accidents Claims Tribunal, Ludhiana (hereinafter referred to as 'the Tribunal'), whereby, the application moved by the petitioners for releasing some share from the FDRs of the minors for their maintenance has been dismissed.

(2.) Briefly, the facts of the case are that the claimants-petitioners, who are mother and two minor children of deceased-Sardar Ali filed claim petition under Sec. 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as 'the Act') for grant of compensation to them on account of death of Sardar Ali in an accident. The claim petition was filed through mother of the deceased as his children were minor. The claim petition was allowed and claimants were granted compensation to the tune of Rs. 8,80,000.00 towards all the heads as the matter was compromised with the respondent-insurance company. Out of the total amount of compensation, claimant-mother of the deceased was awarded Rs. 1,00,000.00 and the remaining amount of compensation was ordered to be paid to the minor children by way of FDRs in the nationalised bank till they attain the age of majority.

(3.) An application was moved by the claimant-mother of the deceased, namely, Mindro stating therein that she is an old lady and having no source of income. She is hardly maintaining both the minor children, who are school going. It has also been mentioned in the application that after the death of her son, she has also borrowed some amount from the relatives for maintenance of herself and minor grand children. She has prayed in the application that the amount, which is lying deposited in FDRs be released to her so that she may be able to maintain and educate both the minor children. Said application was dismissed vide order dated 19.2016 on the ground that the Court cannot go beyond the award and allowing the application would amount to review of the earlier order, which is subject matter of challenge in the present revision petition.