NATHI SINGH Vs. MANNU KHAN

JUDGEMENT

(1.) PRESENT Revision Petition under Article 227 of the Constitution of India has been filed by the petitioner for setting aside the order dated 9.2.2008 (Annexure P3) and 8.11.2008 (Annexure P7) passed by the learned Motor Accident Claims Tribunal, Gurgaon (for short Tribunal), whereby the claim of the petitioner for releasing the remaining amount of compensation (lying deposited in Fixed Deposit Receipt) granted by the learned Tribunal vide its award dated 5.11.2007, on account of injuries suffered by the petitioner, has been rejected.

(2.) THE case of the petitioner is that on account of 90% permanent disability suffered by him in a motor vehicle accident, the learned Tribunal had partly allowed his application and awarded compensation of Rs. 2,86,000/- only alongwith costs and interest @ 9% per annum from the date of institution of the petition till the final realisation thereof. It is further the case of the petitioner that it was nowhere provided in the award that the compensation was to be partly disbursed and partly put in a Fixed Deposit Receipt (FDR) in a nationalised bank. However, on the application filed by the petitioner for the release of compensation the learned Tribunal vide order dated 9.2.2008 (Annexure P3) ordered that 75% of the awarded amount shall be deposited in the name of the petitioner-claimant in some nationalised bank in STDR, fetching a maximum interest for a period of three years and remaining 25% shall be disbursed in cash. It is admitted by the petitioner-claimant that he has received 25% of the compensation amount and the remaining amount of Rs. 1,59,825/- was deposited in the FDR in State Bank of Patiala.

(3.) LEARNED counsel for the petitioner submits that the petitioner requires remaining amount of compensation awarded to him for his further treatment and therefore, the deposit of the balance amount in FDR for a period of three years would not serve any purpose. In support of the same he relies upon Nazar Mohammad v. Harbans Singh, 2006(3) RCR(Civil) 596 : (2006-2) The Punjab Law Reporter 818; Mohinder Singh and others v. Kulbir Singh and others, 2008(3) RCR(Civil) 468 : (2008-3) The Punjab Law Reporter 736; H.S. Ahammed Hussain v. Irfan Ahammed, 2002(3) RCR(Civil) 563 (SC) and General Manager, Kerala State Road Transport Corporation, Trivandrum v. Susamma Thomas (Mrs.) and others, (1994-2) 107 PLR 1.