ARUN KUMAR SRIVASTAVA Vs. RAISUL HASAN

JUDGEMENT

(1.) The instant petition is directed against the order dated 2.4.2019 passed by Additional District Judge in Civil Misc. Case No. 1/2019 arising out of Motor Accident Claims Petition No. 158/2015. By the impugned order, the Court below (MACT) has accepted the application of the petitioners for release of the amount awarded in their favour in MACP No. 158/2015 in part.

(2.) The facts necessary for disposal of the instant petition are that a claim petition was filed by the petitioners along with Satyanshu Srivastava for award of compensation on account of death of Beena Srivastava in an accident. Beena Srivastava was wife of petitioner No. 1 and mother of petitioner No. 2. The claim petition was allowed by award dated 25.4.2018 and an amount of Rs. 77,87,032/- along with 7% interest was awarded in favour of the petitioners. Out of the said amount, petitioner No. 1 was held entitled to a sum of Rs. 25,00,000/- while the remaining amount was to be paid to petitioner No. 2. There was a further direction that out of Rs. 25,00,000/- to be paid to petitioner No. 1, Rs. 23,00,000/- would be invested in a long term fixed deposit of five years in a Nationalised Bank, while the remaining sum of Rs. 2,00,000/- only will be paid to him. Likewise, in case of petitioner No. 2, the direction was for investing Rs. 50,00,000/- in a long term fixed deposit in a Nationalised Bank for five years and for payment of balance amount of Rs. 2,87,032/- plus interest to? her. The appeal filed by the insurance company was dismissed on 7.9.2018. The amount payable under the award had since been deposited with the tribunal.

(3.) The petitioners filed separate applications for release of the amount directed to be invested in FDR for reasons disclosed in their applications. The applications filed by the petitioners, as noted above, were allowed in part. In respect of petitioner No. 1 only Rs. 2,00,000/- was permitted to be withdrawn while the remaining amount was directed to be invested in fixed deposit in a Nationalised Bank for five years, as was the direction under the award dated 25.4.2018. In respect of petitioner No. 2 also, a direction was given in terms of the award for investing Rs. 50,00,000/- in FDR for a period of five years and for release of only the remaining amount with interest, which on the date of passing of the impugned order was a sum of Rs. 14,56,641/-. Aggrieved thereby, the instant petition has been filed.