The total claim amount awarded to the dependants of the deceased was to the extent of Rs. 8,50,000/- (Rupees Eight Lac fifty thousand). The petitioner no. 1 is the widow of the deceased Mithun who died in an accident.
By the impugned order dated 12.12.2020, the learned tribunal has directed that of Rs. 4,00,000/- (Rupees four lacs) which fell to the share of the petitioner no. 1, Rs. 2,40,000/- (Rupees two lacs forty thousand) be deposited in an interest bearing account in a nationalized bank. Only Rs. 1,60,000/- (Rupees one lac sixty thousand) was released in favour of the petitioner no. 1.
Shri Satya Deo Ojha, learned counsel for the petitioners contends that the order passed by the learned tribunal is in the teeth of the law laid down by this Court in Smt. Runna vs Vth Additional District Judge/Motor Accident Claim Tribunal, reported at 1999 ACJ 637.
The narrative is fortified by the law laid down by this Court in Smt. Runna (supra), wherein it was held:
"The petitioner's husband died in a motor accident and she was awarded a sum of Rs. 75,000 by the Lok Adalat and the amount has been deposited by the insurance company in court. By the impugned order dated 16.5.1996 it has been directed that only Rs. 10,000 be paid to the petitioner out of the aforesaid amount of Rs. 75,000 and the balance be deposited in some nationalised bank for a long term. I cannot understand how such order could be passed by the trial court. There is no dispute that the petitioner is a major and hence it is for her to decide what to do with the money which has been awarded. Hence I set aside the order dated 16.5.1996 and direct that the sum of Rs. 75,000 and any interest which may have accrued thereon be paid to the petitioner forthwith."
I see merit in the contention of Shri Satya Deo Ojha, learned counsel for the petitioners.
The petitioner no. 1 is a major. She being the widow of the deceased Mithun was awarded a sum of Rs. 4 lacs towards compensation by the learned tribunal. She is entitled to the full amount and no part of the amount can be deposited in an interest bearing account in a nationalized bank against her wishes. The petitioner no.1 wants the entire amount awarded to her to be released forthwith.
In the wake of preceding narrative, the order dated 12.12.2020 insofar as it directs that part of the compensation awarded to the petitioner no.1 be deposited in an interest bearing account in a nationalized bank, is quashed.
The said amount of Rs. 2,40,000/- (Rupees two lacs forty thousand) which has been awarded to the petitioner no.1 by the tribunal but directed to be deposited in an interest bearing account in a nationalized bank shall be released to her forthwith.
The writ petition is allowed.
Order Date :- 17.2.2021/Dhananjai