Jharulal and Another vs Addl. Motor Accidents Claims Tribunal and Others

S. Awasthy, J.—The petitioners herein laid a claim for compensation on account of the death of their son in an accident arising out of the use of motor vehicle by respondent No. 1. An application u/s 92A of the Motor Vehicles Act was filed and respondent No. 2 was directed to deposit Rs. 15,000-00 with interest from the date of filing of the application, but the Accidents Claims Tribunal ordered that the amount so deposited shall be put in fixed deposit of a Scheduled Bank for a period of 10 years. It is submitted by the applicants that the learned Presiding Judge of the Tribunal committed an error in directing the deposit of the amount in bank.

After having heard learned Counsel for the applicants, I am of the view that the learned Presiding Judge acted beyond his jurisdiction to order the deposit of the amount in bank. The amount had become payable to the applicants and the Presiding Judge could not have directed the payment to him by ordering such a deposit in bank.

It is, therefore, directed that the amount so deposited in M.V.O. No. 48/87 in C.C.O. shall be paid to the applicants herein and shall not be deposited in bank. To this extent, the order of the Accidents Claims Tribunal is modified.