(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) Learned counsel Ms.Bhaya for the applicant Insurance Company stated under instruction that pursuant to the order dated 2.12.2011, the entire amount awarded by the Claims Tribunal of Rs.21,06,700/- with interest and cost has been deposited before the Tribunal.
We notice that the Claims Tribunal has apportioned the amount awarded in the proportion of 80:20 in favour of opponent No.1 and 2 who happened to be the widow of the deceased and the brother of the deceased claiming through the widowed mother of the deceased. It appears that brother of the deceased has already filed appeal not only seeking enhancement of compensation, but also variation in the internal apportionment.
In the award, the Claims Tribunal has provided that 60% of the amount to be deposited by the Insurance Company would be invested in any nationalized bank for a period of five years and remaining 40% of the amount would be disbursed through account payee cheque in favour of the respective claimants.
We are of the opinion that such disbursement of 40% of the awarded amount is too high looking to the compensation awarded. Under the circumstances, we are inclined to reduce the disbursement in favour of the claimants to 20% instead of 40% provided by the Claims Tribunal and desire that 80% of the amount deposited be kept in fixed deposit till final disposal of the appeal. We are, however, not inclined to make any modification in the apportionment between claimants ordered by the Claims Tribunal at this stage.
In the result, Civil Application is disposed of with following directions :
Out of the total amount deposited by the Insurance Company with the Claims Tribunal, 80% shall be apportioned in favour of respondent No.1, i.e. wife of the deceased and 20% in favour of respondent No.2 i.e. brother of the deceased claiming through the widowed mother of the deceased.
In the above proportion, 80% of the amount deposited would be kept in fixed deposit in any nationalized bank of the choice of the claimants initially for a period of five years to be renewed from time to time till final disposal of the appeal or such further orders that may be passed by this Court. Interest accruing on such deposits be paid to the claimants periodically.
Remaining 20% of the amount be released in favour of the respective claimants in the proportion of their share as provided by the Claims Tribunal through account payee cheque after due verification of the identity.
All the conditions imposed by the Tribunal with respect to not dealing with the FDRs shall also form part of this order.
With the above directions, Civil Application stands disposed of.
(Akil Kureshi J.) (C.L.Soni, J.) (vjn) Top