JUDGMENT Hon'ble Rajesh Tandon, J.-Heard Sri D.C.S. Rawat, counsel for the appellant and Sri P.S. Rawat, learned counsel for the respondents. 2. The delay in filing the appeal is condoned. 3. The applicant has made a limited prayer that the condition, which has been imposed in the award that the amount shall be deposited in the Nationalized Bank may be modified to this extent that the amount may be availed by the family of the deceased. 4. Briefly stated, the accident by taken place on 17th September, 2003 at 4:30 p.m. when Shamsher Singh alias Shera deceased was coming from Khatima on his Scooter near Machhli Jhala Nanak Matta, District Udham Singh Nagar the driver of Motor No. U.P. 29-0119, who was driving rashly and negligently dashed him. By this accident, Sri Shamsher Singh got seriously injured and he was admitted to the Hospital, where he died. 5. Counsel for the applicant has referred the judgment 2002 Volume 6 Supreme Court Cases, where it has been held by the Apex Court that the amount of compensation should not have been directed to be kept in fixed deposit in a Nationalized Bank and that should be paid to the family of the deceased. The relevant observation is quoted below : "Learned counsel for the appellant lastly submitted that the amount of compensation payable to the mothers of the victims should not have been directed to he kept in fixed deposit in a nationalized bank. In the facts and circumstances of the present case, we are of the view that the amount of compensation awarded in favour of the mothers should not be kept in fixed deposit in a nationalized bank. In case the amount have not been already invested, the same shall be paid to the mothers, but if, however, invested, the same shall be paid to the mothers, but if, however, invested by depositing the same I fixed deposit in a nationalized bank, there may be its premature withdrawal in case the parties so intend." 6. In view of the aforesaid observation, the order dated 18th August, 2004 is modified to this extent that rest of the amount of Rs. 1,00,000/- shall also be paid to the claimants instead of depositing the same in the nationalized bank. 7. Subject to the aforesaid, appeal is allowed. No order as to costs.