BHANWARI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition under Article 227 of the Constitution of India though petitioner has not sought relief against respondent Nos. 1 and 2; even otherwise, they are neither necessary nor proper parties, but she has challenged the order dated 19-5-2003 (Annex. 2) passed by the Judge, Motor Accident Claims Tribunal, i.e. the persona designata.

(2.) Mr. R. K. Soni, Additional Government Advocate accepts notice on behalf of respondent No. 3. Since a short question of law is involved in this petition, therefore, at the joint request of the learned counsel for the parties, the instant writ petition is heard finally and disposed of at the admission stage.

(3.) The facts giving rise to the instant writ petition are that petitioners son Sumer Singh died on 22-6-1973 due to motor vehicle accident which took place on 21-6-1973. Petitioner, being the mother and legal representative of deceased Sumer Singh, filed a claim petition for compensation before the respondent No. 3, the Motor Accident Claims Tribunal, Jodhpur (for short, "the Tribunal"). Being unsuccessful before the Tribunal, she filed an appeal before this Court, which was decided vide order dated 20-8-1986. Against the order of the learned Single Judge of this Court dated 20-8-1986, petitioner preferred D. B. Civil Special Appeal No. 19/1987 and the Division Bench, vide judgment and order dated 13-11-2002, allowed the appeal and awarded compensation in favour of the petitioner and against respondents Nos. 1 and 2 to the tune of Rs. 1,50,000/- along with interest @ 9% per annum from the date of the claim application till payment. Respondent No. 1, the Union of India, which is the owner of the vehicle which caused accident, deposited a sum of Rs. 6,14,681/- by a cheque towards full and final settlement of the claim and interest thereon before the Tribunal. Petitioner requested the Tribunal to release the said amount of the cheque in her favour by verifying and recording satisfaction of the Award. By the impugned order dated 19-5-2003 (Annex. 2), the Tribunal, instead of releasing the whole amount of cheque in favour of the petitioner, thought it proper to direct payment to the petitioner in the following terms: (i) Rs. 2,14,681/- in cash; (ii) Rs. 2,00,000/- to be deposited in a Fixed Deposit Account in a nationalised bank for a period of three years; and (iii) Rs. 2,00,000/- to be deposited in a Fixed Deposit Account in a nationalised bank for a period of five years. The Tribunal further directed that the fixed deposit receipts shall neither be pledged nor the amount of fixed deposit receipts be allowed to be withdrawn pre-maturely. Aggrieved by the impugned order Annex. 2 dated 19-5-2003 passed by the Tribunal, the petitioner, an old lady of 65 years, has filed the instant writ petition seeking direction to quash the impugned order of the Tribunal dated 19-5-2003 (Annex. 2) and also to release the whole amount of the cheque in her favour and to verify the payment.