IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.R. No. 1220 of 2009 (O&M)
Date of Decision: 5.3.2009
Bimla Devi and another ....Petitioners
Versus
Surjeet Singh and others ...Respondents
CORAM : Hon’ble Mr. Justice Rajesh Bindal
Present:- Mr. Dheeraj Narula, Advocate
for the petitioners.
RAJESH BINDAL J
The challenge in the present petition is to the order passed by the
Motor Accident Claims Tribunal, Sirsa, dated 26.7.2008, whereby the application
filed by the petitioners for getting the fixed deposit receipts encashed has been
adjourned sine-die to await orders from this Court.
Briefly the facts are that on account of death of their son, the
petitioners filed claim petition under Motor Vehicles Act, 1988 which was allowed
vide award dated August 9, 2003 determining a sum of Rs. 2,54,000/- payable to
the petitioners along with interest. Out of the amount awarded Rs. 70,000/- was
directed to be released in cash and balance was deposited in FDRs for a period
of three years. The petitioners were entitled to get interest on the FDRs on
monthly/quarterly basis. As the term for which the Tribunal directed the amount
to be kept in FDRs expired, the petitioners moved application before the Tribunal
for getting the same released. However, in a totally in-considerate manner the
Tribunal adjourned the application sine-die to await the order from this court. It is
this order of the Tribunal, which is impugned in the present petition.
It is submitted by learned counsel for the petitioners that against
the award passed in favour of the petitioners, the Insurance Company had filed
appeal bearing FAO No. 5249 of 2003 which was simply admitted on July 16,
2007 without there being any interim stay. Once this Court had not granted any
interim stay of execution of impugned award there was no reason for the
Tribunal to have adjourned hearing the application for release of FDRs in favour
of petitioners by observing that the same would be considered after the orders
of this Court. As the period which was initially fixed by the learned Tribunal for
keeping the amount in FDRs has already expired, the Oriental Bank of
Commerce, Sirsa where the amount is lying in the fixed deposit receipts is
directed to release the amount of FDRs along with interest to the petitioners
immediately.
The revision petition is disposed of.
(RAJESH BINDAL)
5.3.2009 JUDGE
Reema