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Punjab & Haryana High Court Modifies MACT Order, Permits Release Of Compensation Amount From 3 Yrs Fixed Deposit To Claimant
Drishti Yadav
3 Jun 2022 5:13 AM GMT
The Punjab and Haryana High Court recently allowed the plea of bereaved parents, seeking release of 50% compensation amount that was granted towards loss of their child in a motor accident, to be released from 3 years Fixed Deposit.Justice Alka Sarin referred to the case of H.S. Ahammed Hussain vs. Irfan Ahammed, [2002(3) RCR (Civil) 563], where the Supreme Court held that the amount...
The Punjab and Haryana High Court recently allowed the plea of bereaved parents, seeking release of 50% compensation amount that was granted towards loss of their child in a motor accident, to be released from 3 years Fixed Deposit.
Justice Alka Sarin referred to the case of H.S. Ahammed Hussain vs. Irfan Ahammed, [2002(3) RCR (Civil) 563], where the Supreme Court held that the amount of compensation awarded in favor of the mothers should not be kept in a fixed deposit in a nationalized bank.
In the present case, the petitioners had challenged an order passed by the Motor Accident Claims Tribunal whereby it was directed that 50% of the compensation awarded be deposited in fixed deposits in their names for a period of three years. The further challenge was to the order dismissing the application filed by the petitioners for release of the amount directed to be deposited in the FDRs.
The petitioners contended that both the petitioners are over 40 years of age and have three other children to look after and hence the money is urgently required by them.
Keeping in view the law laid down in the above referred case as well as the fact that the petitioners are over 40 years of age and have also three other minor children to look after, the present petition is allowed.
The court further set aside the order and award of the Motor Accident Claims Tribunal and ordered the release of the amount of compensation lying deposited in the shape of FDRs.
The order dated 12.05.2022 passed by the Tribunal is set aside and the award dated 23.09.2021 is modified to the said extent. The amount of compensation lying deposited in the shape of FDRs be released to the petitioners forthwith.
Case Title: Ayyub Khan and Anr VERSUS Pratap Gurjar and Ors.
Citation: 2022 LiveLaw (PH) 127
