Meero Vs. Motor Accident Claims Tribunal - Court Judgment

SooperKanoon Citationsooperkanoon.com/627182
SubjectMotor Vehicles
CourtPunjab and Haryana High Court
Decided OnOct-07-1996
Case NumberC.R. No. 3970 of 1996
Judge N.K. Kapoor, J.
Reported in1998ACJ89; (1997)115PLR246
ActsMotor Vehicles Act, 1988 - Sections 166E
AppellantMeero
RespondentMotor Accident Claims Tribunal
Advocates: R.S. Longia, Adv.
Excerpt:
- n.k. kapoor, j.1. affidavits of the petitioner and her mother have been filed today in court. a specific averment has been made that petitioner's marriage is now fixed for 15.12.1996.2. petitioner is aggrieved by the order passed by motor accident claims tribunal dated 12.8.1996 whereby the compensation amount awarded to the petitioner has been ordered to be deposited in a fixed deposit in state bank in india for a period of two years. according to the petitioner there was no stipulation in the award of tribunal and so the present direction given by the tribunal is contrary to the award and, thus deserves to be reversed/modified. as per award of the tribunal the amount was directed to be deposited in a bank for a period till the claimant/claimants attain majority and in the instant case the petitioner has become major on 12.7.1996. this being the position, no such restriction could be imposed or any direction issued by the executing court. accordingly, i accept the revision petition and direct the executing court, the motor accident claims tribunal to disburse this amount to the petitioner which was awarded to her by the motor accident claims tribunal vide ordered dated 26.7.1995.
Judgment:

N.K. Kapoor, J.

1. Affidavits of the petitioner and her mother have been filed today in court. A specific averment has been made that petitioner's marriage is now fixed for 15.12.1996.

2. Petitioner is aggrieved by the order passed by Motor Accident Claims Tribunal dated 12.8.1996 whereby the compensation amount awarded to the petitioner has been ordered to be deposited in a fixed deposit in State Bank in India for a period of two years. According to the petitioner there was no stipulation in the award of Tribunal and so the present direction given by the Tribunal is contrary to the award and, thus deserves to be reversed/modified. As per award of the Tribunal the amount was directed to be deposited in a Bank for a period till the claimant/claimants attain majority and in the instant case the petitioner has become major on 12.7.1996. This being the position, no such restriction could be imposed or any direction issued by the executing Court. Accordingly, I accept the revision petition and direct the executing Court, the Motor Accident Claims Tribunal to disburse this amount to the petitioner which was awarded to her by the Motor Accident Claims Tribunal vide ordered dated 26.7.1995.