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Madhya Pradesh High Court · body

1994 DIGILAW 323 (MP)

Tulsiram v. Third Addl. Motor Accident Claims Tribunal, Gwalior

1994-04-21

S.K.DUBEY

body1994
JUDGMENT The claimants are the parents of the deceased son, who got their claim decided through the Lok Adalat, for a sum of Rs. 33,000/-. The said amount was deposited by the Insurance Company before the third Additional Motor Accident Claims Tribunal, Gwalior, in Claim Case No. 19/94 MA and the case was disposed of. The claimants moved an application for disbursement of the amount to the claimants, but the Tribunal directed that the amount be deposited in the fixed deposit in a nationalised bank and the claimants shall be entitled to withdraw the interest of the said Fixed Deposit. Aggrieved of this order, the appellants/claimants have approached this Court by the misc. application for seeking a suitable direction. Section 168 of the Motor Vehicles Act, 1988, for short, the 'Act', speaks of the award of the Claims Tribunal and that award has to be passed after holding an enquiry and hearing the parties, determining the amount of compensation which appears to it to be just and in making the award, the Claims Tribunal shall specify the person or persons to whom compensation shall be paid. Non-disbursal of the amount is totally against the spirit of the Lok Adalat movement, the object of which is that the claimants, who have lost their earning member or any member of the family must get the compensation speedily and with that object, the parties agreed to settle their claim through the Lok Adalat and the claim was settled after the deposit of the amount of compensation, the claimants who are not the minors are certainly entitled to get their amount of compensation. But the tribunal has not recorded any reason why the amount is not being disbursed to the claimants. May it be in the interest of the claimants so that the amount may remain in fixed deposit for the benefit of the claimants, but there is no apparent impediment in their entitlement to get the compensation, in the opinion of this Court, the Tribunal acted illegally in exercise of its jurisdiction not vested in it by law in not directing the disbursal of the amount of the compensation so deposited. Therefore, now the Tribunal shall make an order for disbursement of compensation to the claimants specifying the amount of compensation to each of the claimants. With these observations, the petition is disposed of. Therefore, now the Tribunal shall make an order for disbursement of compensation to the claimants specifying the amount of compensation to each of the claimants. With these observations, the petition is disposed of. The petitioners shall file a certified copy of this order before the Claims Tribunal for doing the needful.