Punjab-Haryana High Court
Anu And Another vs Joginder And Others on 29 March, 2022
115
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
-.-
CM-1910-CII-2022 in
CR-414-2021 (O&M)
Date of Decision : 29.03.2022
Anu and Another ...Petitioners
versus
Joginder and Others ...Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. J.S. Saneta, Advocate for the applicant-petitioners.
Mr. Punit Jain, Advocate for respondent No.3.
ALKA SARIN, J. (Oral)
CM-1910-CII-2022
This is an application for preponing the date of hearing of the
main case which is pending for 29.09.2022 to an early date.
Learned counsel for the non-applicant/respondent No.3 states
that he has no objection if the application is allowed.
With the consent of learned counsel for the parties, main case
i.e. CR-414-2021 is taken on Board today itself.
CM stands disposed off.
CR-414-2021
The limited prayer made in the present revision petition
challenging the order dated 18.01.2021 passed by the Motor Accident
Claims Tribunal, Karnal (for short, the 'Tribunal') is to the extent that 50%
of the amount which has been awarded to the claimant-petitioners (mother
and father of the deceased) has been directed to be deposited in the shape of
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CM-1910-CII-2022 in CR-414-2021 (O&M) -2-
a Fixed Deposit for a period of 05 years and the Tribunal has declined to
release the same.
Learned counsel for the claimant-petitioners states that both
the petitioners are adults and there is no occasion to place the said amount in
a Fixed Deposit for a period of 05 years. It is further the contention that
there are three minor children of the deceased who need to be taken care of
by the petitioners and hence the money is urgently required by them. In
support of his contentions, he relies upon a judgment of Hon'ble Supreme
Court in H.S. Ahammed Hussain vs. Irfan Ahammed, [2002(3) RCR
(Civil) 563] to contend that in the case of an adult it would not be
appropriate to direct the deposit of the amount of compensation in a fixed
deposit.
I have heard learned counsel for the petitioners.
In the present case, the claimant-petitioners are the parents of
the deceased who are wanting the release of the amount which has been
ordered to be deposited in FDR on the direction of the Tribunal qua their
share. They have not made any prayer qua the amount which has been
ordered to be deposited in the names of the minor children. It has further
been contended that the petitioners require the amount for taking care of the
children of the deceased and in support of his contention learned counsel for
the petitioners has relied upon a judgment by the Hon'ble Supreme Court in
H.S. Ahammed Hussain's case (supra) wherein it has been held as under :
"8. Learned counsel for the appellant lastly submitted
that the amount of compensation payable to mothers of
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CM-1910-CII-2022 in CR-414-2021 (O&M) -3-
the victims should not have been directed to be kept in
fixed deposit in a nationalised bank. In the facts and
circumstances of the present case, we are of the view
that the amount of compensation awarded in favour of
the mothers should not be kept in fixed deposit in a
nationalised bank. In case the amounts have not been
already invested, the same shall be paid to the mothers,
but if, however, invested by depositing the same in fixed
deposit in a nationalised bank, there may be its
premature withdrawal in case the parties so intend."
Keeping in view the law laid down in the above referred case as
well as the fact that the petitioners are major and also have minor children to
look after, the present petition is allowed. The order dated 18.01.2021 passed
by the Tribunal is set aside. The amount of compensation qua the share of
the petitioners lying deposited in the shape of FDR be released to the
petitioners forthwith.
Disposed off in the above terms. Pending applications, if any,
also stand disposed off.
March 29, 2022 (ALKA SARIN)
tripti JUDGE
NOTE : Whether speaking/non-speaking : Speaking
Whether reportable : YES/NO
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