1. Mr.
Modi, learned counsel states that he has received instructions to appear on behalf of the claimants.
2. Heard.
Ad-interim relief granted earlier to continue as interim relief pending final disposal of the First Appeal. Out of the amount deposited with the Tribunal concerned, the amount shall be invested and disbursed as under :-
Respondent no.1 Father of the deceased (14.27%)= Rs.47,286/-
Respondent no.2 Mother of the deceased (14.27%)= Rs.47,286/-
Respondent no. 3 Widow of the deceased (2/7) = Rs.94,570/-
Respondents nos. 4to 6 (minor) (1/3) each = Rs.47,286/-
3. From the aforesaid amount, 70% amount (Rs.33,000/-) for respondents nos. 1 to 2 and (Rs.66,000/-) of respondent no. 3, along with proportionate costs and interest shall be invested in Fixed Deposit with any nationalized bank, initially, for a period of one year, which shall be renewed from time to time, without any further orders in that regard from this Court. The quarterly interest accruing on such deposit shall be paid to the original claimants on regular basis. The FDR shall be retained by the 'Nazir' of the Tribunal concerned. Orders regarding disbursement of the above amount shall be passed at the time of final disposal of the first appeal. The balance 30% amount along with proportionate costs and interest shall be permitted to be withdrawn by the original claimants, by "account payee" cheque, after proper verification.
4. So far as respondents nos. 4 to 6 are concerned, their share [1/7] Rs.47,286/- each along with proportionate costs and interest shall be invested in Fixed Deposit with any nationalized bank, initially, for a period of three year, which shall be renewed from time to time, without any further orders in that regard from this Court. The quarterly interest accruing on such deposit shall be paid to the respondent no. 3 on regular basis. The FDR shall be retained by the 'Nazir' of the Tribunal concerned. Orders regarding disbursement of 30% of the above amount shall be passed at the time when any of respondents nos. 4 to 6 became major.
5. The application stands disposed of accordingly. Rule is made absolute to the above extent with no order as to costs.
[K.S.
JHAVERI, J.] /phalguni/ Top