Court No. - 29
Case :- WRIT - C No. - 35331 of 2018 Petitioner :- Smt. Israwati Devi And 03 Others Respondent :- Motor Accident Claims Tribunal/Fifth Additional District Judge And 06 Others Counsel for Petitioner :- Vineet Kumar Singh
Hon'ble Pankaj Mithal,J.
Heard Sri Vineet Singh, learned counsel for the petitioners.
The petitioners filed a claim petition under the Motor Vehicles Act, 1988 and the same was allowed vide judgment, order and award dated 9.10.2017 and the National Insurance Company Limited was directed to pay compensation of Rs.30,56,993/-. In the execution of the said award, the executing court by the impugned order dated 5.10.2018 has directed for release of the amount of award and for deposit part of it in fixed deposits in accordance with the conditions of the award.
The argument of learned counsel for the petitioners is that the executing Court has to execute the award in the form it exists and has no authority in law to impose fresh conditions for payment of the said amount other than those existing in the award.
It is not disputed that in pursuance of the aforesaid award the Insurance company has deposited Rs. 32,41,672/-. The said amount has to be distributed to the petitioners according to the arrangements made in the award itself.
In view of the said arrangement a sum of Rs. 3,50,000/- available to each of the children ie. petitioner nos. 2,3 and 4 is to be deposited in the nationalized bank for a period of 5 years. Out of the balance amount payable to the petitioner no. 1, 5 lakhs is to be invested in the nationalized bank for 5 years and 6 lakhs for a period of 3 years. In this manner out of the total amount of Rs. 32,46,672/- deposited by the Insurance Company a sum of Rs. 21,50,000/- is to be deposited in the fixed deposits for various periods and would not be immediately payable to the petitioners.
The aforesaid deposit in the bank in itself is a sufficient security of the balance amount of Rs. 10,91,672/- payable to the petitioners. Therefore, the executing court is not justified in imposing any further condition of furnishing bonds and sureties.
In view of the aforesaid and the law as has been settled by this Court vide judgment and order in the case of Pramila @ Pramila Kunwar and 4 others Vs. Motor Accident Clams Tribunal/Special Judge & two others 1996 ADJ 562 and in view of New India Assurance Co. Ltd. Vs. Baljit singh and others 2014 (2) TAC 267 (All.), the writ petition is disposed of with the direction to the Executing Court that the aforesaid amount be got deposited in the fixed deposits as directed and to release the balance amount of Rs. 10,91,672/- in favour of the petitioners without insisting for submission of any bond or sureties.
It is made clear that the amount invested in the fixed deposits shall not be relieased until and unless certificate is produced that the First Appeal From Order No. 1005 of 2018 National Insurance Company Limited Vs. Smt. Israwati Devi and 8 others which has been preferred against the award of the Motor Accident Claims tribunal in the present case has been decided.
The writ petition is disposed of and the impugned order stands modified as indicated above.
Order Date :- 27.10.2018 SKS