AO/389/2016
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                                     IA No. 7301 of 2021
                                     In
                                     AO No. 389 of 2016
                                     Hon'ble Sharad Kumar Sharma, J.

(Through Hybrid Mode)

Mr. Arvind Vashistha, Senior Advocate assisted by Mrs. Monika Pant, Advocate for the petitioners.

Mr. T.A. Khan, Senior Advocate assisted by Mr. Aditya Kumar Arya, Advocate for the respondents.

The appellants, herein, in this Appeal from Order under Section 173 of the Motor Vehicles Act, are the claimants, where they have partially challenged the award dated 25th April, 2016, which was rendered in Motor Accident Claim Petition No. 113 of 2014, Jairam Dube and others Vs. Yatendra and others, whereby, only a partial claim was awarded to the tune of Rs. 6,93,000/- along with interest @ 7%, payable on it.

It has been stated at the bar and not denied by the Counsel for the respondents too, that as against the said award, the respondents have not preferred any Cross Appeal or any independent Appeal from Order, hence, as far as the remittance of the amount of the liability fastened upon the respondents, stands finalized qua the respondents, herein. But, however, the Motor Accident Claim Tribunal, while parting with the judgment and award dated 25th April, 2016, had directed the deposit of Rs. 1 lac, each for appellant Nos. 2 and 3 to be deposited in a fixed deposit for a period of three years.

Today, the matter is listed on an Interlocutory Application No. 7301 of 2021, filed by the claimants, praying for the disbursement of the said amount for the reason being that the time period of three years, for which the fixed deposit was made, that has already matured and the amount deserves to be released in their favour.

In order to fortify the aforesaid contention pertaining to the release of the amount and the purposes of its deposit in a fixed deposit, this Court was posed a question about the age of the appellant Nos.2 and 3, at the time of passing of the award.

The learned Senior Advocate, Mr. Arvind Vashishtha, has pointed out that at the time when the Claim Petition itself was filed, the appellant Nos. 2 and 3 since were major, in that eventuality, they would be entitled to be remitted with the amount thus deposited as a consequence of the impugned award under challenge before this Court along with interest, which has accrued on the fixed deposit.

Accordingly, the Motor Accident Claim Tribunal is directed to issue an appropriate direction to the Bank with whom the fixed deposit has been made for the remittance of the said amount to the appellant Nos. 2 and 3 along with interest which had accrued on it.

The Misc. Application No. 7301 of 2021, stands disposed of accordingly.

(Sharad Kumar Sharma, J.) Dated 02.08.2021 Shiv