Revision dismissed against MAC Tribunal order refusing release of minor's fixed deposit compensation. Court held funds cannot be released in cash until the minor attains majority.
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Civil Revision No. 7145 of 2009 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 7145 of 2009 (O&M) Date of decision: 3 -12-2009
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present: Shri S.K.Yadav, Advocate, for Shri R.D.Yadav, Advocate, for the petitioner
HARBANS LAL, J.
This revision is directed against the order dated 7.11.2009 passed by the learned Motor Accident Claims Tribunal, Rewari vide which the application of the petitioner for releasing the enhanced Fixed Deposit amount has been dismissed.
The brief facts giving rise to this petition are that the petitioner Sahil had met with an accident on 23.9.2006 and sustained injuries on his head, chest, face and back. He suffered 100% disability in his right eye. The learned Tribunal awarded Rs.1,52,744/- as compensation under Section 166 of the Motor Vehicles Act (hereinafter to be referred to as the Act). It was directed that the compensation amount of the petitioner shall be deposited in National Bank in the Fixed Deposit Scheme and shall be paid to him on the date of maturity. The petitioner feeling aggrieved with the order dated 11.10.2008 preferred First Appeal bearing No. 5348 of 2008 for enhancement of the compensation, which was dismissed on 20.8.2009 and amount of Rs.50,000/- was ordered to be enhanced vide said order. Thereafter, the Insurance Company deposited enhanced amount with the learned Tribunal, Rewari who ordered to deposit the amount in same Fixed
Civil Revision No. 7145 of 2009 (O&M) 2
Deposit Receipt in the name of the minor petitioner Sahil.
As per order of the learned Tribunal, the amount of Rs.50,000/was deposited in United Bank of India in Fixed Deposit Receipt No. 30310476 on 28.10.2009.
I have heard the learned counsel for the petitioner, besides perusing the record with due care and circumspection.
Learned counsel for the petitioner submitted that the petitioner being a poor person is in urgent need of money as his treatment is still going on and it is in the interest of justice, if the enhanced amount of compensation which is deposited in the shape of F.D.R. in the name of the minor is is released to enable him to avail better medical facilities for the treatment of his eye and other injuries. I have considered this submission. The impugned order reads as under:-
“An application for releasing the amount of the FD of minor in cash to father of minor is presented. I have perused the order passed by the Hon'ble High Court, wherein the enhanced amount given to minor has not been directed to be paid in cash to father of minor. Therefore, the amount of minor, is deposited as per terms of the award and at this stage cannot be released. This court has already released the interest of the FDR to father of the minor on his separate application.
Sd/- MACT, Rewari 7.11.09”
It is abundantly clear from this order that as a matter of fact, the application was moved before the learned Tribunal seeking release of the amount in question in favour of the father of the minor petitioner. It is an accredited rule of law that the amount deposited in the shape of FDR in
Civil Revision No. 7145 of 2009 (O&M) 3
favour of the minor victim cannot be released until he or she attains age of majority. From perusal of the impugned order, it transpires that indeed father of the petitioner had sought release of the amount deposited in the name of the minor petitioner. Thus to my mind, the impugned order does not suffer from any illegality or material irregularity. Consequently, the impugned order calls for no interference. Sequelly, this petition being bereft of any merit, is dismissed.
(HARBANS LAL) JUDGE
December 3, 2009 RSK
NOTE : Whether to be referred to the Reporter or not? Yes/No
2 issues framed by the court
Whether the fixed deposit amount awarded as compensation to a minor motor accident victim can be released in cash to the father prior to attaining majority.
Whether the order of the Motor Accident Claims Tribunal refusing release of the fixed deposit amount suffers from any illegality or material irregularity.
1 provisions across 1 enactments
Sahil Yadav (through father)
Motor Accident Claims Tribunal
HARBANS LAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
