(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) This is an application for stay filed by the appellant being dissatisfied with an award of Rs.14,62,500/- with interest awarded by the Motor Accident Claims Tribunal.
It appears from record that two vehicles were involved and the Tribunal below has directed that out of the total amount of award a sum of Rs.11,70,000/- should be paid by the appellant-Reliance General Insurance Co. Ltd. while the balance amount should be paid by the National Insurance Co. Ltd.. The National Insurance Co. Ltd. has, however, not preferred any appeal and has accepted the award and the entire amount has been deposited in the Tribunal. The appellant before us has restricted its claim in the appeal to a sum of Rs.8,44,800/-.
In such circumstances, we dispose of this application for stay by directing the Tribunal below to release a total amount of Rs.6 lakh in favour of the widow, the mother and minor son of the victim excluding the father and the brother of the victim who were also claimants as those two persons are not heirs and legal representatives of the victim according to the provisions contained in Hindu Succession Act. The balance amount should be kept in short term fixed deposit in any nationalised bank. The Tribunal should renew the deposit until further order of the Court.
So far as the amount of Rs.6 lakh as indicated above is concerned, the Tribunal should release Rs.50,000/- in favour of the mother of the victim. A sum of Rs.2 lakh should be released in favour of the minor son of the victim but the same should be kept in any nationalised bank in fixed deposit which will be operated by the widow of the victim as natural guardian and the mother of the said minor son but only the interest accrued in the said fixed deposit can be withdrawn and spent for the benefit of the minor. The balance amount of Rs.3,50,000/- should be released in favour of the widow of the victim, namely, Deviben Vishal Setiyar.
Since the claimants/respondents have already entered appearance, we treat the appeal as ready as regards service. The appellant is directed to prepare eight copies of informal paper-book within one month from the date of service of notice of arrival of the lower Court record upon the learned advocate for the appellant. In default, the appeal will stand dismissed.
The application is thus disposed of with the above order.
(BHASKAR BHATTACHARYA, ACTING CJ.) (J.B.
PARDIWALA, J.) zgs/-
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