Gulabram and Others vs Popat Kumar and Another

Hon''ble Gopal Krishan Vyas, J.—The present misc appeal has been filed u/s 173 of the Motor Vehicle Act, 1988 against the judgment and award dated 09.09.2008 passed by the learned Judge, Motor Accident Claims Tribunal, Bali for enhancement of award.

I have heard the learned counsel for the appellants and considered the documents forming part of the instant appeal.

In my opinion, no error has been committed by the learned Tribunal while passing the award of Rs. 1,22,000/-.

However, a prayer has been made by learned counsel for the appellants that appellant No. 1 Gulabram was 65 years of old at the time of filing claim petition and no reason whatsoever has been given by the learned Tribunal for keeping the amount of compensation awarded to Gulabram in the fixed deposit, therefore, the order for keeping the amount of compensation awarded to the claimant Gulabram in fixed deposit may be quashed and set aside and the award may be modified to that extent.

In view of the facts that claimant Gulabram is father of deceased and he is old person, therefore, in the interest of justice, the award is modified and the order for keeping compensation of Rs. 32,000/- in the fixed deposit is hereby quashed and set aside. The learned claim court is directed to pay Rs. 32,000/- to the appellant No. 1 Gulabram, which is kept in fixed deposit as per award dated 09.09.2008 within a period of one month from the date of producing certified copy of this order.

The misc appeal is disposed of in above terms.