High Court Punjab-Haryana High Court

Present: Mr. Vipul Aggarwa1 vs Unknown on 22 January, 2009

Punjab-Haryana High Court
Present: Mr. Vipul Aggarwa1 vs Unknown on 22 January, 2009
Civil Revision No. 369 of 2009                              -1-

                                    ****


       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH


                          Civil Revision No. 369 of 2009
                          Date of decision: 22.01.2009


Ayyub and another                                     ...Petiitioners
                                 Versus

Motor Accident Claims Tribunal, Gurgaon and others

                                                      ...Respondents


CORAM: HON'BLE MR. JUSTICE S.D.ANAND.


Present:    Mr. Vipul Aggarwa1, Advocate, for the petitioners.


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S.D.ANAND, J.

The petitioners are parents of deceased Naem who died in the

impugned accident and, on that account, a compensation for Rs.2,30,000/-

was awarded by the Tribunal in their favour. The Tribunal further ordered

that 25% of the amount of the awarded compensation shall be payable in

cash; while the remaining amount shall be deposited in fixed deposit for a

period of three years.

The petitioners applied for the disbursement of the deposited

75% amount as well on a plea that they require money to pay the debt

they had raised earlier at the time of solemnisation of marriage of their

daughter in June, 2008.

Learned Motor Accident Claims Tribunal, Gurgaon, declined

the plea by observing that they have not adduced any proof regarding the

obtaining of loan at the time of marriage of the daughter in June, 2008.
Civil Revision No. 369 of 2009 -2-

****

The application in the context appeared to the MACT “to be a clever device

to misutilise the entire compensation amount.”

The parties are parents of the deceased and they are

obviously majors. The solemnisation of marriage of a daughter is pious

duty cast on the parents of a child. In this case, the petitioner lost their

male child in the impugned accident. The money, is by all means, theirs. I

see no reason to decline their request. This view is, even otherwise,

supported by a judgment rendered by this court in Ashraf Vs. Motor

Accident Claims Tribunal, Gurgaon and others 2007(3) PLR 692. In

that case, a Coordinate Bench of this Court observed as under:-

“The Tribunal has no such jurisdiction in a case where the

claimant is major. This condition incorporated by the Tribunal

is unwarranted and uncalled for in the eyes of law. The

Tribunal while rejecting the application of the petitioner for

modification of the award recorded no reason. The claimant

whois major has every right to utilize the amount in anyt

manner, he likes.

In view of the above circumstances, the order impugned is set

aside and application of petitioner for release of award amount

kept in F.D.R. Is allowed. Bank shall release the amount if

approached.”

The petition shall stand allowed in limine accordingly.

January 22, 2009                                  (S.D.Anand)
Pka                                                  Judge