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2009 DIGILAW 387 (MP)

Jakir Hussain v. Dinesh Kumar

2009-03-25

A.M.SAPRE, PRAKASH SHRIVASTAVA

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Judgment Sapre and Shrivastava, JJ. ( 1. ) By filing this petition under Article 227 of the Constitution of India, the petitioners seek to challenge impugned order dated 19.2.2008 (Annexure P3) passed in Claim Case No. 15 of 2007 by M.A.C.T., Bhanpura, District Mandsaur. ( 2. ) By the impugned order, the learned Member of the Tribunal allowed the application made by petitioners under section 140 of the Motor Vehicles Act and awarded interim compensation of Rs. 50,000 payable to the claimants for the death of their unmarried son Arif Hussain, who died in a motor accident. While passing this order, learned Member of the Tribunal directed that the entire amount be deposited in a bank in the form of F.D.R. for a period of 5 years. It is this direction, i.e., deposit of Rs. 50,000 in F.D.R., which is challenged in this petition. ( 3. ) Having heard the learned counsel for the petitioners and on perusal of the record of the case, we are inclined to allow this writ petition as directed infra. ( 4. ) In our opinion, learned trial court, i.e., the M.A.C.T. though was justified in allowing the application made by the petitioners under section 140 of the Motor Vehicles Act but erred in giving direction to deposit the entire amount in F.D.R. The said direction, in our opinion, would frustrate the very purpose of section 140 of the Motor Vehicles Act because the claimants wouid not be able to get any amount by way of even interim compensation. ( 5. ) We are, therefore, of the opinion that the impugned direction insofar as it relates to deposit of the amount of Rs. 50,000 for a period of 5 years in F.D.R. is not in accordance with law and, therefore, deserves to be set aside. ( 6. ) Petition thus succeeds and is hereby allowed in part. The direction contained in the order dated 19/2/2008 (Annexure P3) passed in Claim Case No. 15 of 2007, to deposit the amount of Rs. 50,000.00 in F.D.R. is hereby set aside. Petitioners are accordingly allowed to withdraw the amount of Rs. 50,000.00 deposited in court. ( 7. ) Needless to observe that the award of Rs. 50,000.00 shall be subject to the result of the final award that may be passed in claim petition out of which this petition arises. 50,000.00 in F.D.R. is hereby set aside. Petitioners are accordingly allowed to withdraw the amount of Rs. 50,000.00 deposited in court. ( 7. ) Needless to observe that the award of Rs. 50,000.00 shall be subject to the result of the final award that may be passed in claim petition out of which this petition arises. We may also observe that it is not necessary to issue notice to the respondents because they are not in any way adversely affected by modifying the impugned order. Cc as per rules. Petition partly allowed.