- (1.) THE instant misc. appeal is directed against the judgment cum award dated 20.5.2002 passed by the Motor Accident Claims Tribunal, Chittorgarh in Claim Case No. 242/2001.
(2.) BRIEFLY stated the facts of the case are that on 25.8.1997 at 4.00 P.M. the appellant no. 2 Ramchandra was going on his motor cycle no. RJ06 -M -7630 along with his two sons Shivkumar @ Shanker aged 8 1/2 years and Sukhdev aged 6 1/2 years. At that time the truck no. G.J.9/T -5217 driven by the respondent no. 1 hit them. As a result of which both the minors Shivkumar @ Shanker and Sukhdev expired and the appellant no. 2 Ramchandra received injuries. The appellants filed Claim Petition No. 241/2001 seeking compensation on the ground of death of Shivkumar @ Shanker and Claim Application No. 242/2001 was filed on account of death of Sukhdev. The Tribunal framed various relevant issues for deciding the claim application and held that the driver of the insured vehicle (truck) was responsible for the accident and discarding the defences of the Insurance Company held the appellants entitled to receive compensation holding the non claimants jointly and severally liable. The Claim Petition No. 241/2001 was accepted and the claimants were awarded compensation of Rs. 80,000/ -. For the death of Sukhdev in Claim Application No. 242/2001 the claimants were awarded a sum of Rs. 70,000/ -. The appellants -claimants have preferred this appeal seeking enhancement in the compensation awarded to the appellants on account of death of their son Sukhdev. I have heard learned counsel for the appellant and the learned counsel for the Insurance Company. Perused the impugned award.
(3.) AT the outset it may be observed that the Civil Misc. Appeal no. 423/2004 preferred by the claimants - appellants seeking enhancement of the compensation granted to them for the death of Shivkumar (another son of claimants) was decided by this Court vide judgment dated 27.4.2011 and this Court enhanced the compensation from Rs. 80,000/ - to Rs. 1,80,000/ -. This Court is of the opinion that no distinction can be made in the two claims. Thus, in the light of the judgment of this Court dated 27.4.2011, the compensation of Rs. 70,000/ - awarded to the appellants on account of death of their minor son Sukhdev is enhanced to Rs. 1,80,000/ - with interest from the date of filing of the claim petition. The award made by the learned Tribunal stands modified to that extent. On the enhanced amount, the claimants shall be entitled to an interest @ 7.5% per annum from the date of filing of the claim petition. In order to ascertain that the claimants are benefited to the maximum by the enhancement in the award. The following directions are given for the disbursal of the awarded amount: - (1) 20% of the enhanced amount shall be paid to the claimant appellants in cash. (2) The remaining 80% amount shall be deposited in fixed deposits in any nationalized bank with a lock in period of 5 years by applying the best available fixed deposit term plan. The interest upon the fixed deposit shall be disbursed to the claimant periodically. The banker shall be instructed not to issue any loan against the fixed deposits. (3) If in any emergent condition the appellants claimants require the modification of the said direction, they shall be at liberty to file a writ petition before this Court for the release of the amount from the fixed deposit/s. ;