Kumkum Das and Others vs Komal Nagesh and Others

Pritinker Diwaker, J.

With the consent of the parties the matter is heard finally. Petitioners/claimants had filed a claim case before the Claims Tribunal, Bhanupratappur claiming suitable compensation for the death of one Swapan Das in a road accident. Vide award dated 21-11-2014 the Tribunal directed for payment of Rs. 6,88,377.00 in favour of the claimants including an amount of Rs. 3,12,377.00 towards medical treatment given to the deceased during hospitalisation for about one month. In the award, it has been mentioned by the Tribunal that the amount of Rs. 3,12,377.00 be paid to the claimants in cash because that much amount was already spent for treatment purposes of the deceased.

In the execution proceedings, the claimants had prayed for cash payment of Rs. 3,12,377.00 in terms of the condition of the award but by the impugned order dated 27-3-2015, it has been held by the Tribunal that the said amount cannot be given to the claimants in cash and directed for keeping the same in fixed deposit for a period of five years. It is this order, which is under challenge in this petition.

Counsel for the petitioners/claimants submits that once while passing the award the Tribunal has categorically mentioned that the claimants are entitled to get the amount of Rs. 3,12,377.00 in cash, question of keeping the same in fixed deposit for a period of five years does not arise. He submits that for the treatment of the deceased somehow the claimants could manage the required amount by taking loans from various persons and if the said amount is kept in fixed deposit, claimants who are in the great need for the same, would be put in a great difficulty.

Counsel for respondent No. 3/Insurance Co., however, supports the order impugned.

From the award itself, it is apparent that the Tribunal has directed for cash payment of Rs. 3,12,377.00 to the claimants, which was spent for medical treatment of the deceased during his month-long hospitalisation. It is surprising as to how the Tribunal could review its own order and direct for keeping the said amount in fixed deposit for a period of five years. When there is a categorical finding by the Tribunal for making cash payment of Rs. 3,12,377.00 to the claimants, subsequently, it could not have taken a somersault in directing for keeping the said amount in fixed deposit for a period of five years particularly when the claimants are in dire need of the same. Order impugned, of course, is patently illegal and if allowed to stand would cause great hardship to the claimants. It is accordingly set aside. Tribunal is directed to immediately release the amount of Rs. 3,12,377.00 in favour of the claimants. In view of above, the petition is allowed.