Research › Browse › Judgment

Kerala High Court · body

1987 DIGILAW 650 (KER)

KARTHIYANI v. M. AC. T. KOTTAYAM

1987-12-16

THOMAS

body1987
Judgment :- 1. Petitioner is a widow. Her husband died in a motor accident on 14-9-1984. The Motor Accidents Claims Tribunal, (for short MACT) Kottayam passed an award for Rs. 54,600/- in favour of the legal heirs of petitioner's husband. The share due to the petitioner has been worked out at Rs. 17,271.39. Petitioner applied for cheque before the M. A. C. T. But the application was rejected by the Tribunal as per Ext. P3 order. This original petition is in challenge of the said order. It is prayed that Ext. P3 may be quashed and the M.A.C.T. may be directed to issue cheque pursuant to the application filed by the petitioner. 2. The impugned order reads thus: "The amount applied for is the amount due to the widow. In the light of the rulings reported in 1983 ACJ 57 and 1987 (1) KLT 45 (DB) the amount due to the widow is only to be deposited. Hence this application is dismissed." The decision of the Division Bench referred to in Ext. P3 is published in the short notes portion of the Kerala Law Times. Hence I brought down the judgment in M. F. A. No. 383/86 of this court dated 5-12-1986. The Division Bench was called upon to consider a condition attached by the Tribunal in the award itself that "97% of the grand total amount to be deposited by the respondents will be deposited in fixed deposit in the name of the petitioner for a period of 7 years ". It is the validity or sustainability of the said condition incorporated in the award itself which was challenged in the said M. F. A. That is not the case here. The award did not impose any condition that the amount payable to the petitioner should be deposited in a bank. That apart, when the share due to the widow in an award is relatively small, as in this case, it may not be just and fair to direct the amount to be deposited in a bank so as to enable the widow to obtain the interest alone during her lifetime. In this case, petitioner will be getting only a sum of Rs. 17,271.39. Petitioner is aged only 36. In this case, petitioner will be getting only a sum of Rs. 17,271.39. Petitioner is aged only 36. If she has to depend upon the interest from the amount awarded to her, the result would be that she may get only a small sum per month which would hardly be sufficient to meet both ends. If she is allowed to get the entire amount of Rs. 17,271.39, it would enable heir to spend it more economically or in a sound manner as she deems fit. There cannot be any hard and fast rule that whenever an award passed by the M. A. C. T. includes a share for a widow the amount should stand deposited in a bank. It is only just and proper that the petitioner is allowed to have the amount awarded to her, I, therefore, quash Ext. P3. I direct the Motor Accidents Claims Tribunal, Kottayam to issue a cheque pursuant to the application filed by the petitioner. Original petition is disposed of in the above terms.