Amod Kumar Ray & Ors. vs Raj Kumar Chauhan And Ors.
2011 Latest Caselaw 2815 Del

                                     UNREPORTED
*   IN THE HIGH COURT OF DELHI AT NEW DELHI


+                 CM(M) 649/2011


AMOD KUMAR RAY & ORS.                            ..... Petitioners
                Through:             Mr. Navneet Goyal, Advocate


                  versus


RAJ KUMAR CHAUHAN AND ORS.           ..... Respondents
                Through: Ms. Shantha Devi Raman,
                         Advocate for the respondent
                         No.2.


%                          Date of Decision : May 25, 2011

CORAM:
HON'BLE MS. JUSTICE REVA KHETRAPAL

1. Whether reporters of local papers may be allowed
   to see the judgment?
2. To be referred to the Reporter or not?
3. Whether judgment should be reported in Digest?

                           J U D G M E N T (ORAL)

: REVA KHETRAPAL, J.

1. The petitioners in the present case seek modification of the

orders dated 12.02.2011 and 16.03.2011 passed in Suit No.15/11 to

the extent that the amount of compensation be apportioned amongst

the petitioners and the same be deposited either in the Union Bank of

India or in the Bank of India and at least 50% of the award amount be

released to the petitioners.

2. The petitioners are the parents of the deceased who had filed a

claim petition seeking compensation for the death of their five year

old son in a motor vehicle accident on 02.12.2010. The file of the

claim petition was sent to the Lok Adalat to explore the possibility of

arriving at a compromise. The case was taken up in the Lok Adalat

on 12.02.2011 and a compromise was arrived at between the

petitioners and the respondent No.2, the insurer of the offending

vehicle. It was agreed thereunder that the respondent No.2 would pay

a sum of ` 3,50,000/- in full and final settlement of all the claims of

the petitioners towards the death of their minor son. However, while

passing the award, the Lok Adalat instead of apportioning the amount

in favour of the petitioners, who are the parents of the deceased,

directed that the entire amount be invested in two FDRs of equal

amount in the names of 'Julie' and 'Khushi', being the two minor

daughters of the petitioners.

3. Aggrieved by the aforesaid, the petitioners moved an

application before the Tribunal seeking release of the awarded

amount, wherein the learned Tribunal by its order dated 16.03.2011

directed the Nazir of the Court to deposit both the cheques deposited

by the respondent No.2 in the Bank of Maharashtra, Chandni Chowk

Branch, Delhi. The learned Tribunal further directed the petitioners

to approach this Bank for the release of the same. Accordingly, the

petitioners were forced to visit the said Bank to get the FDRs

prepared in terms of the award passed by the Lok Adalat.

4. Mr. Navneet Goyal, the learned counsel for the petitioners has

contended that the direction passed by the learned Tribunal for

deposit of the award amount in the names of the children of the

petitioners, who were the sisters of the deceased, was not justified as

in the case of death of a minor child, the compensation is to be paid to

the parents only. Mr. Goyal also contended that the Tribunal further

erred in passing a direction for the deposit of the entire award amount

without release of any part of the same to the petitioners. Further, the

amount was directed to be deposited in the Bank of Maharashtra,

Chandni Chowk Branch. The petitioner No.1, he stated, has a bank

account with the Bank of India and both the petitioners also have their

individual bank accounts in the Union Bank of India, and as such, the

learned Tribunal ought to have directed that the FDRs be deposited

either with the bank situated in the vicinity of the Tribunal or in the

petitioners' existing bank accounts.

5. I find justification in the grievance of the petitioners on all the

counts. In a case where the claim petition is filed by the parents

claiming compensation for the death of their child, it is not open for

the Claims Tribunal to award the same in favour of brothers and

sisters of the deceased child. It is accordingly directed that 50% of

the award amount shall be released to the petitioners, that is, 25%

each to the petitioner No.1 and the petitioner No.2. The balance

amount of ` 1,75,000/- shall be deposited in Fixed Deposit Receipts

with the Union Bank of India or the Bank of India, 25% each in the

name of the petitioner No.1 and the petitioner No.2 for a period of

five years. No loan or advance shall be raised by the petitioners

against the said Fixed Deposit Receipts without the permission of the

concerned Claims Tribunal.

6. The petition stands disposed of accordingly.

7. A copy of this order be circulated to the Motor Accidents

Claims Tribunals with the direction that henceforth the Bank chosen

by the Tribunal for deposit of the award amount in Fixed Deposit

Receipt must be either the Bank operative in the court complex of the

Tribunal concerned or the Bank as per the convenience of the

petitioners.

REVA KHETRAPAL (JUDGE) May 25, 2011 km