KARAM SINGH Vs. YOGESH

JUDGEMENT

(1.) This petition has been filed by Shri Karam Singh who is aggrieved by the order passed by Shri Surinder Singh Thakur, Motor Accident, Claims Tribunal, Mandi on 17.10.1995. By means of impugned order, the Tribunal below has dismissed the application filed by the petitioner for release of the amount lying in deposit which was payable to deceased Ramu claimant in claim petition No. 15 of 39.

(2.) In order to properly understand the case, it is necessary to refer to a few facts. A claim petition under the provisions of Motor Vehicles Act was filed by Shri Ramu vide claim petition No. 15 of 89. Compensation was claimed accident, wherein he compromised the matter for a lump -sum of Rs.20,000/ -. Tribunal below allowed a sum of Rs.7,000/ - to be paid to Shri Ramu and the balance amount was ordered to be deposited for a period of 61 months.

(3.) Shri Ramu original claimant in claim petition No. 15/89 died and an application was filed by the present petitioner claiming the aforesaid amount on the basis of the Will which was purported to have been executed by Shri Ramu. Tribunal below on 2.5.1995 directed the petitioner to produce probate of the Will of Shri Ramu in his favour.