SOM NATH Vs. MOTOR ACCIDENT CLAIM TRIBUNAL

JUDGEMENT

(1.) RAJESH Kumar who was unmarried died in a motor accident on 24. 12. 1994. His parents along with their two minor children filed a claim petition under Section 166 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, Kurukshetra who as per award dated 17. 9. 1996 awarded a sum of Rs. 1,56,000.00 as compensation alongwith interest thereon to all the claimants including the two petitioners herein. The share of the two petitioners was apportioned at Rs. 60,000.00 each. The Tribunal ordered the entire amount to be placed in a fixed deposit in a Nationalised Bank. I am informed that the amount has been deposited with the Punjab National Bank, Pipli Branch, Pipli, District Kurukshetra. The two petitioners filed an application before the Tribunal for the release of their share on the ground that the money was required by them to discharge the loans taken by the deceased and also for the engagement of their unmarried daughter. This application was declined by the Tribunal as per order dated 3. 1. 1998. It is against this order that the present revision petition has been filed.

(2.) HAVING heard counsel for the petitioners and after gong through the impugned order, I find that the petition deserves to succeed. It is stated that the amount is required by the petitioners for discharging the loans of the deceased and also the loan taken for performing the engagement of the unmarried daughter of the petitioners. These averments are supported by an affidavit. This being so, there is no reason why the amount awarded by the Tribunal to the two petitioners be not released to them.