Babita & Ors vs Sarwan Singh & Ors
2013 Latest Caselaw 5858 Del

$~31
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%             Judgment delivered on: 18th December, 2013
+      CM(M) 1367/2013
BABITA & ORS                                        ..... Petitioners
                                   Represented by: Mr. Navneet Goyal, Adv.

                            Versus

SARWAN SINGH & ORS                                  ..... Respondents
                                   Represented by: NEMO.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Vide the present petition, the petitioner is seeking direction to modify the order dated 18.02.2013 to the extent of keeping the remaining amount in FDRs form for a shorter period.

2. Vide the award dated 18.02.2013, ld. Tribunal has granted compensation for a sum of Rs.26,81,201/- with interest @ 9% per annum from the date of filing of the petition till realization.

3. Ld. Tribunal further directed that out of the total compensation amount, Rs.50,000/- in cash be paid in favour of the petitioner no. 1, widow of the deceased and remaining amount is directed to be kept in the form of FDR with liberty to withdraw the monthly interest through her saving bank account on said FDRs in SBI, Tis Hazari Court Branch, Delhi.

4. Further directed that Rs.4,00,000/- will be paid by way of FDR initially for a period of five years (the same be renewed thereafter from time to time) in SBI, Tis Hazari Court, Delhi Branch in the name of the mother of the deceased, i.e., petitioner no. 5 with liberty to withdraw the monthly interest on the same through her saving bank account.

5. Ld. Tribunal further directed that remaining amount with up-to-date interest shall remain deposited in the FDR initially for a period of 5 years to be renewed from time to time with liberty to withdraw the monthly interest through her saving bank account in the said bank.

6. Ld. Counsel appearing on behalf of the petitioner submits that the amount is directed to be kept in FDR for the unlimited period, which is wrong on the part of the ld. Tribunal.

7. Keeping in view the facts and circumstances of the case, I modify the order dated 18.02.2013 to the extent that amount deposited in the FDR in favour of petitioner nos. 1 and 5 shall remain only for 5 years with liberty to withdraw the interest as per the direction passed by the ld. Tribunal.

8. In view of the above, petition stands disposed of.

9. This court expect from concerned Tribunal to pass specific order while directing the amount to be deposited in FDR form.

10. Copy of this order be sent to the concerned Tribunal.

SURESH KAIT, J.

DECEMBER 18, 2013/jg