Radhabai Maikrao Sargar Adn ... vs Nasir Khan Mohd. Khan And Others
2021 Latest Caselaw 737 Bom

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          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                       WRIT PETITION NO.403 OF 2021

 Sow. Radhabai w/o Manikrao Sargar
 and another                                               Petitioners

          Versus

 Nasir Khan s/o Mohd. Khan & others                        Respondents


 Mr.P.C.Mayure, advocate for the Petitioners.


                                 CORAM : V.K.JADHAV, J.

                                 DATE         : 13th January, 2021.

 PC :

 1                Heard learned Counsel for the petitioners.



 2                The petitioners are original claimants no.2 and 3.

Petitioners are parents of the deceased, who died in a motor

vehicle accident.

3 The learned Member of the Motor Accident Claims

Tribunal, Parbhani, has partly allowed the Claim Petition fled by

the petitioners and widow of the deceased and thereby directed

the respondents to pay jointly and severally to the claimants an

amount of Rs.13,11,000/-, including no fault liability, together

with interest @ 8% p.a. The learned Member of the Tribunal has

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also directed that on deposit of the above amount, an amount of

Rs.4,00,000/- each be deposited in the name of claimants in

fxed deposit in any of the Nationalised Bank for the period of

fve years and they shall be entitled to receive monthly interest

accrued thereon.

4 The learned Counsel for the petitioners submits that

presently, petitioner no.1 - Radhabai is aged about 45 years and

petitioner no.2 - Manikrao is aged about 50 years. They have no

independent source of income. They are entirely depending

upon the income from agriculture, which is uncertain. The

learned Counsel placed reliance on the judgment of the Hon'ble

Supreme Court in the case of A.V.Padma & others Vs. R.

Venugopal & others, reported in (2012) 3 SCC 378, wherein in

paragraph no.5, the Hon'ble Supreme Court has observed that,

the Tribunals are often taking a very rigid stand and are

mechanically ordering in almost all cases that the amount of

compensation shall be invested in long term fxed deposit .

Further, by referring to the guidelines in this regard, the Hon'ble

Supreme Court has observed that, the said guidelines are issued

by this Court only to safeguard interests of the claimants,

particularly the minors, illiterates and others, whose amounts are

sought to be withdrawn on some fctitious grounds .

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5 In view of the same, petitioners are permitted to

withdraw an amount of Rs.2,00,000/- (Rs. Two lakhs) each, which

was directed to be deposited in fxed deposit in any Nationalised

Bank along with accrued interest, if any. Furthermore, petitioners

are entitled to renew the request for withdrawal of remaining

amount after a period of one year from the date of this order.

6 Writ Petition is accordingly disposed of.

(V.K.JADHAV) JUDGE

adb