RAM PRASAD AND ANOTHER Vs. RAGHUVEER SINGH

JUDGEMENT

(1.) In this case, compromise was arrived at between the Insurance Company and the claimants by that a sum of Rs. 50,000.00 shall be paid to the claimants by the Insurance Company and the claimants relinquish their rest of the claim against the Insurance Company and others. Consequently, the matter went in Lok Adalat where the Compromise was filed and it was verified by the learned Judge of the Motor Accidents' Claim Tribunal, Bhilwara (for short 'The Tribunal'). After the verification of the compromise, apportionment was made by the Tribunal whereby Rs. 10,000.00 each were allowed to be paid to the father and mother of the deceased and Rs. 25,000.00 were ordered to be paid to the widow of the deceased. The rest of Rs. 5,000.00 were ordered to be paid to Shri Pradeep Kumar, the brother of the deceased. Mr. D.S. Shishodia, learned counsel for the appellants has no grouse for the apportionment made by the learned Judge of the Tribunal. He has, however, contended that the learned lower court has ordered that out of this amount, Rs. 2,000.00 each be paid to the father, mother and brother of the deceased and Rs. 5,000.00 be paid to the widow of the deceased and rest of the amount of Award be deposited in the Fixed Deposits and that amount cannot be withdrawn by the claimants without permission of the court and they cannot pledge these Fixed Deposits for taking any loan. Of course, they have been made entitled to receive three monthly and six monthly interest of their respective Term Deposit-receipts. He has submitted that it is not alleged against the claimants that they will squander away the money and may misutilise it, according to him, the accident has occurred in the year 1979 and the claim has been decreed in the year 1986 and so, they should not be deprived of the fruits of the decree. I find great force in the submission of Mr. Shishodia.

(2.) I, therefore, partially accept this appeal, maintain the apportionment of the amount of the Award made by the learned Tribunal. However, the order of the learned Tribunal to deposit the amount of Award in the Fixed Deposits is set aside. If any Fixed Deposits have been taken, the claimants will be at liberty to get them encashed as and when they desire. Appeal allowed.