Preeto Bai (Smt.) Vs. Motor Accident Claims Tribunal - Court Judgment |
| Rajasthan High Court |
| Jan-15-2007 |
| S.B. Civil Writ Petition No. 78/2007 |
| Ashok Parihar, J. |
| 2007(1)WLN180 |
| Preeto Bai (Smt.) |
| Motor Accident Claims Tribunal |
motor vehicles act, 1988 - section 140--motor accident--interim compensation--in case of death, it will not be proper and justified for the tribunal to keep the major amount of interim compensation in fixed deposit--petitioner was allowed rs. 50,000/- as an interim compensation--out of rs. 50,000/- only rs. 10,000/- was released to the petitioner--remaining rs. 40,000/- have been ordered to be kept in fixed deposit--tribunal directed to release the remaining amount of rs. 40,000/- also to the petitioner immediately. [paras 1 & 2];writ petition disposed of. - .....ordered to be kept in fixed deposit for six years. the interim compensation under section 140 of the motor vehicles act is paid to the claimants only to meet out the immediate hardship caused due to accident. in case of death, it will not be proper and justified for the tribunal to keep the major amount of interim compensation in fixed deposit. it is only at the final stage, the appropriate amount can be kept in fixed deposit considering the facts of each case.2. having considered entire facts and circumstances, since the claim has to be decided by the tribunal finally taking evidence of both the parties, considering the hardship caused to the petitioner due to death of her husband, the tribunal is directed to release the remaining amount of rs. 40,000/- kept in fixed deposit also to the petitioner immediately.3. with the above directions, the writ petition is disposed of accordingly.
Ashok Parihar, J.
1. In a case of death the petitioner was allowed Rs. 50,000/- as an interim compensation under Section 140 of the Motor Vehicles Act by the Motor Accident Claims Tribunal, Deeg vide order dt. 12.09.2006. Out of Rs. 50,000/- only Rs. 10,000/- was released to the petitioner. Remaining Rs. 40,000/have been ordered to be kept in fixed deposit for six years. The interim compensation under Section 140 of the Motor Vehicles Act is paid to the claimants only to meet out the immediate hardship caused due to accident. In case of death, it will not be proper and justified for the Tribunal to keep the major amount of interim compensation in fixed deposit. It is only at the final stage, the appropriate amount can be kept in fixed deposit considering the facts of each case.
2. Having considered entire facts and circumstances, since the claim has to be decided by the Tribunal finally taking evidence of both the parties, considering the hardship caused to the petitioner due to death of her husband, the Tribunal is directed to release the remaining amount of Rs. 40,000/- kept in fixed deposit also to the petitioner immediately.
3. With the above directions, the writ petition is disposed of accordingly.