Nirmala v. Union of India
Case brief
What is this about?
Single Judge modified the condition imposed by his earlier order dispensing with his earlier order forcing petitioners to deposit their share of compensation obtained on the death of the family head.
What did the court decide?
Condition of depositing compensation share in bank for petitioners 2 to 4 till majority removed; interest portion on compensation amount of Rs.8 lakhs modified to be disbursed directly.
What the court decided
C.M.P.No. 2155 of 2022
C.M.P.No. 2155 of 2022 in C.M.A.No.547 of 2017
in C.M.A. No. 547 of 2017
T.V. THAMILSELVI, J.
This Civil Miscellaneous Petition has been filed seeking to modify the condition imposed by this court in C.M.A.No.547 of 2017 dated 31.03.2021 depositing minor share of compensation in the nationalised bank till attaining the age of majority.
- Heard both sides.
- Mr.S.Parthasarathy, learned counsel for petitioner would submit that the petitioners 2 to 4 have already attained majority and even though the same was observed by this court, but while ordering disbursement of compensation amount, erroneously stated that the share of petitioners 2 to 4 are ordered to be deposited in a nationalised bank as if they were minors.
Hence, he has filed this petition to modify the same.
C.M.P.No. 2155 of 2022 in C.M.A.No.547 of 2017
Issues for consideration
3 issues framed by the court
Whether orders imposing conditions regarding deposit of compensation share for minor heirs need to be modified if interspersal of majority is established.
Whether interest awarded on compensation amount needs to be modified in view of the new amendment regarding quantum of compensation.
To what extent the percentage share of compensation awarded to the heirs of deceased needs to be entertained.
Parties & counsel
- petitioner
Achievers Help Centre
- respondent
First Appellant
- respondent
Appellants 2 to 4
Coram
Case details
As recorded by the court registry
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