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2005 DIGILAW 1261 (PNJ)

Sita Devi v. Hasan Mohammad etc.

2005-12-12

S.S.SARON

body2005
JUDGMENT S.S. SARON, J. 1. By way of present Civil Revision Petition, the petitioner seeks modification of the order dated 01.10.2005, passed by learned Motor Accident Claims Tribunal, Karnal (“Tribunal” - for short), whereby an amount of Rs. 50,000/- only has been ordered to be released in her favour. 2. The son of the petitioner died in a motor-vehicle accident. The petitioner filed a claim petition before the Tribunal seeking grant of compensation on account of the demise of her son. The claim petition was allowed by the Tribunal and a sum of Rs.2,10,245/- was ordered to be deposited in favour of the petitioner with the State Bank of Patiala at Karnal. The petitioner claims that the said amount be released prematurely in her favour. The learned Tribunal vide order dated 1.10.2005 ordered the release of Rs.50,000/- only in her favour out of the entire amount. 3. Learned counsel appearing for the petitioner submits that the entire amount is liable to be released in favour of the petitioner. It is submitted that the daughter of the petitioner has been got married and now marriage of the son of the petitioner is fixed for today. For the solemnization of the marriage and for other functions, it is contended, that the petitioner has taken loan from a commission agent and in case the said amount is not released in her favour, she will suffer financial hardship in repaying the same. I have given my thoughtful consideration to the contentions of the learned counsel. It is appropriate to note that the petitioner has placed on record photostat copy of the Wedding Card to show that marriage of her son is being solemnised on 11.12.2005 and 12.12.2005. In these circumstances, I feel that the release of an amount of Rs.50,000/- only by the learned Tribunal may be inadequate. However, it would be inappropriate to order release of the entire amount. The Hon’ble Supreme Court in H.S. Ahammed Hussain v. Irfan Ahammed, 2002(3) RCR (Civil) 563 has observed that the amounts of compensation awarded in favour of adults should not be kept in fixed deposit in a nationalised bank and in case the amounts had not already been invested, the same shall be paid to them but if, however, invested by depositing in a nationalised bank, there may be its premature withdrawal in case the Parties so intend. Therefore, it is to be seen in the fact and circumstances of each case whether an adult claimant who has been awarded compensation in respect of a claim under the Provisions of the Motor Vehicles Act, 1988 should be given payment immediately or the awarded amount in whole or in part should be retained in a fixed deposit for future payment. Keeping in view the facts and circumstances of the case and also the dictum of Hon’ble Supreme Court, it would be just and appropriate to order further release of a sum of Rs.1,00,000/- in favour of the petitioner. Consequently, the order dated 1.10.2005 passed by the learned Tribunal is modified to the extent that the Manager, State Bank of Patiala, Karnal shall release a further sum of Rs.1,00,000/- which is lying deposited in fixed deposit in FDR No.055664 in the account of the petitioner. The other orders passed by the Tribunal shall remain as it is. Civil Revision petition is disposed of accordingly. 2006 (1) LAW HERALD 0211 (P&H) PUNJAB AND HARYANA HIGH COURT CORAM S.S. SARON, J. C.R. NO. 6610 OF 2005 12.12.2005 Sita Devi Petitioner Vs. Hasan Mohammad etc. Respondents For the Petitioner : Ms. Sonia G. Singh, Advocate IMPORTANT POINT Accident - Compensation - The amounts of compensation awarded in favour of adults should not be kept in fixed deposit - There may be its premature withdrawal in case the party so intends. Motor Vehicles Act, 1988 - Release of Compensation - Marriage of the son of petitioner - It has to be seen in the facts and circumstances of each case whether an adult claimant should be given payment of compensation immediately or the awarded amount in whole or in part should be retained in a fixed deposit for future payment - Held, The amounts of compensation awarded in favour of adults should not be kept in fixed deposit - There may be its premature withdrawal in case the party so intend - A sum of Rs. one lac released in favour of the petitioner. (SC. followed) (Para 4 and 5) Cases Referred : - 1. H.S. Ahammed Hussain Vs. Irfan Ahammed, 2002 (3) RCR (Civil) 563. (Para 3) (REF) JUDGMENT S.S. SARON, J. 1. one lac released in favour of the petitioner. (SC. followed) (Para 4 and 5) Cases Referred : - 1. H.S. Ahammed Hussain Vs. Irfan Ahammed, 2002 (3) RCR (Civil) 563. (Para 3) (REF) JUDGMENT S.S. SARON, J. 1. By way of present Civil Revision Petition, the petitioner seeks modification of the order dated 01.10.2005, passed by learned Motor Accident Claims Tribunal, Karnal (“Tribunal” - for short), whereby an amount of Rs. 50,000/- only has been ordered to be released in her favour. 2. The son of the petitioner died in a motor-vehicle accident. The petitioner filed a claim petition before the Tribunal seeking grant of compensation on account of the demise of her son. The claim petition was allowed by the Tribunal and a sum of Rs.2,10,245/- was ordered to be deposited in favour of the petitioner with the State Bank of Patiala at Karnal. The petitioner claims that the said amount be released prematurely in her favour. The learned Tribunal vide order dated 1.10.2005 ordered the release of Rs.50,000/- only in her favour out of the entire amount. 3. Learned counsel appearing for the petitioner submits that the entire amount is liable to be released in favour of the petitioner. It is submitted that the daughter of the petitioner has been got married and now marriage of the son of the petitioner is fixed for today. For the solemnization of the marriage and for other functions, it is contended, that the petitioner has taken loan from a commission agent and in case the said amount is not released in her favour, she will suffer financial hardship in repaying the same. I have given my thoughtful consideration to the contentions of the learned counsel. It is appropriate to note that the petitioner has placed on record photostat copy of the Wedding Card to show that marriage of her son is being solemnised on 11.12.2005 and 12.12.2005. In these circumstances, I feel that the release of an amount of Rs.50,000/- only by the learned Tribunal may be inadequate. However, it would be inappropriate to order release of the entire amount. In these circumstances, I feel that the release of an amount of Rs.50,000/- only by the learned Tribunal may be inadequate. However, it would be inappropriate to order release of the entire amount. The Hon’ble Supreme Court in H.S. Ahammed Hussain v. Irfan Ahammed, 2002(3) RCR (Civil) 563 has observed that the amounts of compensation awarded in favour of adults should not be kept in fixed deposit in a nationalised bank and in case the amounts had not already been invested, the same shall be paid to them but if, however, invested by depositing in a nationalised bank, there may be its premature withdrawal in case the Parties so intend. Therefore, it is to be seen in the fact and circumstances of each case whether an adult claimant who has been awarded compensation in respect of a claim under the Provisions of the Motor Vehicles Act, 1988 should be given payment immediately or the awarded amount in whole or in part should be retained in a fixed deposit for future payment. Keeping in view the facts and circumstances of the case and also the dictum of Hon’ble Supreme Court, it would be just and appropriate to order further release of a sum of Rs.1,00,000/- in favour of the petitioner. Consequently, the order dated 1.10.2005 passed by the learned Tribunal is modified to the extent that the Manager, State Bank of Patiala, Karnal shall release a further sum of Rs.1,00,000/- which is lying deposited in fixed deposit in FDR No.055664 in the account of the petitioner. The other orders passed by the Tribunal shall remain as it is. Civil Revision petition is disposed of accordingly.