Delhi High Court
Amod Kumar Ray & Ors. vs Raj Kumar Chauhan And Ors. on 25 May, 2011
Author: Reva Khetrapal
Bench: Reva Khetrapal
UNREPORTED
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 649/2011
AMOD KUMAR RAY & ORS. ..... Petitioners
Through: Mr. Navneet Goyal, Advocate
versus
RAJ KUMAR CHAUHAN AND ORS. ..... Respondents
Through: Ms. Shantha Devi Raman,
Advocate for the respondent
No.2.
% Date of Decision : May 25, 2011
CORAM:
HON'BLE MS. JUSTICE REVA KHETRAPAL
1. Whether reporters of local papers may be allowed
to see the judgment?
2. To be referred to the Reporter or not?
3. Whether judgment should be reported in Digest?
J U D G M E N T (ORAL)
: REVA KHETRAPAL, J.
CM(M) 649/2011 Page 1 of 5
1. The petitioners in the present case seek modification of the orders dated 12.02.2011 and 16.03.2011 passed in Suit No.15/11 to the extent that the amount of compensation be apportioned amongst the petitioners and the same be deposited either in the Union Bank of India or in the Bank of India and at least 50% of the award amount be released to the petitioners.
2. The petitioners are the parents of the deceased who had filed a claim petition seeking compensation for the death of their five year old son in a motor vehicle accident on 02.12.2010. The file of the claim petition was sent to the Lok Adalat to explore the possibility of arriving at a compromise. The case was taken up in the Lok Adalat on 12.02.2011 and a compromise was arrived at between the petitioners and the respondent No.2, the insurer of the offending vehicle. It was agreed thereunder that the respondent No.2 would pay a sum of ` 3,50,000/- in full and final settlement of all the claims of the petitioners towards the death of their minor son. However, while passing the award, the Lok Adalat instead of apportioning the amount in favour of the petitioners, who are the parents of the deceased, CM(M) 649/2011 Page 2 of 5 directed that the entire amount be invested in two FDRs of equal amount in the names of 'Julie' and 'Khushi', being the two minor daughters of the petitioners.
3. Aggrieved by the aforesaid, the petitioners moved an application before the Tribunal seeking release of the awarded amount, wherein the learned Tribunal by its order dated 16.03.2011 directed the Nazir of the Court to deposit both the cheques deposited by the respondent No.2 in the Bank of Maharashtra, Chandni Chowk Branch, Delhi. The learned Tribunal further directed the petitioners to approach this Bank for the release of the same. Accordingly, the petitioners were forced to visit the said Bank to get the FDRs prepared in terms of the award passed by the Lok Adalat.
4. Mr. Navneet Goyal, the learned counsel for the petitioners has contended that the direction passed by the learned Tribunal for deposit of the award amount in the names of the children of the petitioners, who were the sisters of the deceased, was not justified as in the case of death of a minor child, the compensation is to be paid to the parents only. Mr. Goyal also contended that the Tribunal further CM(M) 649/2011 Page 3 of 5 erred in passing a direction for the deposit of the entire award amount without release of any part of the same to the petitioners. Further, the amount was directed to be deposited in the Bank of Maharashtra, Chandni Chowk Branch. The petitioner No.1, he stated, has a bank account with the Bank of India and both the petitioners also have their individual bank accounts in the Union Bank of India, and as such, the learned Tribunal ought to have directed that the FDRs be deposited either with the bank situated in the vicinity of the Tribunal or in the petitioners' existing bank accounts.
5. I find justification in the grievance of the petitioners on all the counts. In a case where the claim petition is filed by the parents claiming compensation for the death of their child, it is not open for the Claims Tribunal to award the same in favour of brothers and sisters of the deceased child. It is accordingly directed that 50% of the award amount shall be released to the petitioners, that is, 25% each to the petitioner No.1 and the petitioner No.2. The balance amount of ` 1,75,000/- shall be deposited in Fixed Deposit Receipts with the Union Bank of India or the Bank of India, 25% each in the CM(M) 649/2011 Page 4 of 5 name of the petitioner No.1 and the petitioner No.2 for a period of five years. No loan or advance shall be raised by the petitioners against the said Fixed Deposit Receipts without the permission of the concerned Claims Tribunal.
6. The petition stands disposed of accordingly.
7. A copy of this order be circulated to the Motor Accidents Claims Tribunals with the direction that henceforth the Bank chosen by the Tribunal for deposit of the award amount in Fixed Deposit Receipt must be either the Bank operative in the court complex of the Tribunal concerned or the Bank as per the convenience of the petitioners.
REVA KHETRAPAL (JUDGE) May 25, 2011 km CM(M) 649/2011 Page 5 of 5