Court No. - 4
Case :- FIRST APPEAL FROM ORDER No. - 2644 of 2011 Appellant :- National Insurance Co. Ltd. Respondent :- Smt. Suneeta Devi And Others Counsel for Appellant :- A.C. Nigam Counsel for Respondent :- Anju Pandey
Hon'ble Bala Krishna Narayana,J. Hon'ble Irshad Ali,J.
Heard Ms. Anju Pandey, learned counsel for respondent nos. 1 to 5 on Civil Misc. Application No.378327 of 2017 moved by her with the prayer to permit the applicants/respondent nos.2 and 3 to withdraw their share in the amount of compensation which had been invested in fixed deposit in favour of the applicants/respondents no.2 and 3 and to issue a further direction to the concerned Tribunal to release the aforesaid amount in favour of the applicants/respondents no.2 and 3 in the interest of justice.
The application is supported by affidavit of Vikas, applicant/respondent no.2. It appears that the claim petition filed by the claimants/respondents was allowed in part by Motor Accidents Claim Tribunal, Mirzapur by judgment and award dated 28.04.2011 by which a sum of Rs. 9,27,500/- was awarded as compensation. Except the claimant/respondent no.1 Smt. Neeta Devi, wife of the deceased Rajdhar Sahu and mother of claimant/respondent nos. 2 to 5, none of the claimant/respondents were major on the date of the award, therefore, with a view to secure the interest of the minors, the award had been apportioned by awarding Rs. 3,27,500/- to the mother/claimant/respondent no.1 and Rs.2,00,000/- to each of the minors which was directed to be invested in an interest bearing scheme till they attained majority.
It has been submitted by learned counsel for the applicants/respondents that now claimants/respondents no. 2 and 3 have become major as is evident from the perusal of their dates of birth recorded in their High School Certificate, copies whereof have been brought on record collectively as Annexure 1 to the affidavit accompanying this application and, hence, share of claimants/respondents no. 2 and 3 in the compensation be released in their favour.
Having heard learned counsel for the applicants and perused the material on record, we find that both the claimants/respondents no. 2 and 3 have attained majority and hence, Motor Accidents Claim Tribunal/Special Judge (E.C. Act), Mirzapur is directed to release the share of claimants/respondents no. 2 and 3 in the awarded compensation in their favour within three weeks from the date of production of certified copy of this order on their furnishing security for 50 % of the amount.
The application is disposed of accordingly.
Order Date :- 23.2.2018 Madhurima