LALIT KUMAR DUBEY Vs. SALIM MOHAMMED

JUDGEMENT

(1.) THIS appeal has been filed on behalf of claimant-appellants against the judgment/award dated 9. 6. 93 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur in MACT Case No. 891/91.

(2.) THE only contention urged on behalf of appellants is that the tribunal has committed serious error in deducting a sum of Rs. 60,780/- i. e. , 20% of total amount of compensation on account of lump-sum payment. He submits that there cannot be any deduction out of total amount of award on account of lump-sum amount. He has referred 1992 ACJ 300 (Hardeo Kaur and Others vs. Rajasthan State Road Transport Corporation and Another) in this regard.

(3.) THE appeal is accordingly allowed. THE impugned judgment of tribunal is modified. THE respondents are directed to make payment of Rs. 60,780/- to the claimants which were deducted on account of lump sum payment. THE counsel for respondents wants time to deposit the amount in Tribunal. Four weeks' time is allowed for the same. THE amount shall carry interest at the rate of 6% per annum from date of filing of claim application i. e. 10. 7. 1991 till the date of deposit of the amount in the tribunal. THE tribunal is directed to deposit entire amount in the joint names of Lalit Kumar Dubey, Jai Prakash Dubey as well as Bhagwati Devi wife of late Shri Brijmohan in the Monthly Income Scheme/fixed deposit scheme for a period of six years. THE claimants will be entitled to receive monthly interest and on maturity of M. I. S. the entire amount will be paid to Smt. Bhagwati Devi. No order as to costs. .