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Judgment
P.C. Verma, J.—Heard Km. Seema Serohi, learned Counsel for the Petitioners.
Writ of mandamus has been sought against the nationalized bank to advance loan to the Petitioners treating the amount deposited in the Motor Accident Claim case in their names as security. To this effect application was also moved but the bank authority refused to grant loan on the said amount. The amount has been deposited under the directions of the Motor Accident Claims Tribunal/Additional District Judge, Dehradun, in compliance of the direction issued by the Hon''ble Supreme Court in the Motor Accident Claim cases. The order passed by the Tribunal reads as under:
Heard the learned Counsel and perused the record. The intention of Hon''ble Supreme Court while awarding compensation in Motor Accident cases is to ensure flow of regular income to the dependent of deceased. Therefore, under those circumstances when in this case a sum of Rs. 60,000 has already been paid in case to the applicant, another sum of Rs. 40,000 which has been kept in long term fixed deposit with a direction to pay monthly accrued interest to them cannot be paid in cash.
Application is, therefore, rejected.
The spirit of the order passed by the Hon''ble Apex Court as noticed by the Tribunal is with a view to provide regular income to the dependents of deceased. It will be in furtherance of the spirit of the direction of the Supreme Court that the dependent of the deceased in whose name the compensation awarded is lying deposited in the bank may get also loan on the said amount for further expansion of source of livelihood. Therefore, the Bank is directed to consider the case to advance the loan to the Petitioners against the money so deposited in the Claim Petition No. 109 of 1997. However, it is made clear that the Petitioners will have to deposit each and every instalments as fixed by the Bank, failing which the other mode of recovery shall be adopted against the Petitioners. It is also made clear that the amount deposited in the Bank under the orders of the Tribunal shall not be adjusted towards the loan so advanced to the Petitioners.
With the above observation, the petition is disposed of finally.