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Jaipal Singh v. The Addl. District Judge Mact - WRIT - C No. 50317 of 2005 [2006] RD-AH 6938 (30 March 2006)


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                                                                                       Court No.38

Civil Misc. Writ Petition No. 50317 of 2005

Jai Pal Singh Vs.      The Additional District Judge, MACT,

 Court No. 3, Rampur

Hon'ble Vineet Saran, J

Heard learned counsel for the petitioner and perused the record.

On the accidental death of one Smt. Kamla, the petitioner, who was the husband of the deceased, as well as her daughter Km. Kavita (minor) filed a claim petition claiming compensation of Rs. 22,90,000/-. By an award dated 9.12.2004 passed by the Motor Accident Claims Tribunal in MAC No. 178 of 2003 a sum of Rs. 1,57,000/- was determined as compensation amount on which 6% interest was to be paid. In pursuance of the said award, the Insurance Company deposited a sum of Rs. 1,72,099/- before the Tribunal. Since the petitioner was not paid the said amount of compensation, he filed an application on which the Tribunal passed the impugned order dated 21.4.2005, whereby it was directed that out of the total amount deposited i.e. 1,72,099/- a sum of Rs. 72,099/- be kept in a fixed deposit for the minor daughter and Rs. 25,000/- may be paid to the petitioner and the balance amount of Rs. 75,000/- be kept in a separate fixed deposit account in the Nationalised Bank and the interest be paid to the petitioner. Aggrieved by the said order, the petitioner has filed this writ petition.

By the award dated 9.12.2004 the amount of compensation was awarded to both the claimants i.e. the petitioner and the minor daughter Km. Kavita. Although in the said award, the amount was not apportioned between the two claimants but it would be understood that the same would be distributed equally between both the claimants. Accordingly, in my opinion, the petitioner would be entitled to half of the amount deposited by the Insurance Company and the remaining would be paid to the other claimant i.e. Km. Kavita. Since the other claimant Km. Kavita is minor, her share of compensation may be kept in fixed deposit, with the Nationalised Bank paying maximum interest and shall be paid to her on her making an application after she attains majority. The half share of the petitioner may be paid to the petitioner immediately. The order dated 21.4.2005 passed by the Tribunal in Civil Misc. Application No. 19 of 2005 is modified to the extent indicated above.

This writ petition is disposed of in terms mentioned above. No order as to costs.




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