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Rajasthan High Court · body

2011 DIGILAW 2104 (RAJ)

Kashi Ram v. R. S. R. T. C.

2011-10-08

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—This appeal has been filed against the award of the learned Motor Accident Claims Tribunal, Kishangarhbas, Alwar dated 5.2.2003 by which claim petition filed by the appellants has been rejected. Appellants are mother and father of the deceased. They have not been awarded any compensation for the accidental death of their son. Learned counsel submitted that appellants were dependents of their son. Mere fact that they are also having another son, who is employed in B.S.F., cannot be a ground to deny them reasonable amount of compensation out of the total award awarded by the Tribunal in the claim petition particularly when there are co-claimants in the claim petition. 2. Learned counsel appearing for the widow and daughter of the deceased argued that appellants have another son, who was employed in the B.S.F. and staying with him and the entire property still recorded in the name of Kashiram and therefore they may not be awarded any amount of compensation. Learned counsel argued that the entire amount has now been disbursed to the wife. Learned counsel for the appellants submits that there was an interim order of this Court passed on 27.5.2003 to the effect that meanwhile, the amount of compensation shall not be disbursed amongst the respondents, if already not disbursed. Learned counsel for the respondents argued that the maturity amount of FDR of Rs.50,000/- deposited for a period of three years, Rs.50,000/- for a period of five years and Rs.50,000/- for a period of seven years deposited in the name of wife-Smt.Rajesh and Rs.2,00,000/- deposited in the FDR in the name of Kumari Lata upto attaining the age of maturity, may not have been disbursed. 3. Having regard to the facts situation aforestated, I find that the award of the learned Tribunal completely denying compensation to the appellants for the death of their son, cannot be justified. 4. It, therefore, directed that appellants father & mother shall be entitled to receive Rs.37,500/- i.e. Rs.75,000/- in total out of the FDR of wife of the deceased i.e. Smt.Rajesh, if the maturity amount has already not been disbursed. If however the amount has already been disbursed and the appellants have not taken care to communicate to the Tribunal or the bank about the interim-order passed by this Court, they shall not be entitled to any benefit out of this order. 5. With the above, the appeal is disposed of. If however the amount has already been disbursed and the appellants have not taken care to communicate to the Tribunal or the bank about the interim-order passed by this Court, they shall not be entitled to any benefit out of this order. 5. With the above, the appeal is disposed of. Record be transmitted back to the Tribunal forthwith.