Radhabai Maikrao Sargar Adn Another v. Nasir Khan Mohd. Khan And Others

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.403 OF 2021 Sow. Radhabai w/o Manikrao Sargar and another Petitioners

Versus

Nasir Khan s/o Mohd. Khan & others Respondents Mr.P.C.Mayure, advocate for the Petitioners. CORAM : V.K.JADHAV, J.

DATE : 13th January, 2021.

PC :

Heard learned Counsel for the petitioners.

The petitioners are original claimants no.2 and 3. Petitioners are parents of the deceased, who died in a motor vehicle accident.

The learned Member of the Motor Accident Claims Tribunal, Parbhani, has partly allowed the Claim Petition fled by the petitioners and widow of the deceased and thereby directed the respondents to pay jointly and severally to the claimants an amount of Rs.13,11,000/-, including no fault liability, together with interest @ 8% p.a. The learned Member of the Tribunal has

{2} also directed that on deposit of the above amount, an amount of Rs.4,00,000/- each be deposited in the name of claimants in fxed deposit in any of the Nationalised Bank for the period of fve years and they shall be entitled to receive monthly interest accrued thereon.

The learned Counsel for the petitioners submits that presently, petitioner no.1 - Radhabai is aged about 45 years and petitioner no.2 - Manikrao is aged about 50 years. They have no independent source of income. They are entirely depending upon the income from agriculture, which is uncertain. The learned Counsel placed reliance on the judgment of the Hon'ble Supreme Court in the case of A.V.Padma & others Vs. R. Venugopal & others, reported in (2012) 3 SCC 378, wherein in paragraph no.5, the Hon'ble Supreme Court has observed that, the Tribunals are often taking a very rigid stand and are mechanically ordering in almost all cases that the amount of compensation shall be invested in long term fxed deposit. Further, by referring to the guidelines in this regard, the Hon'ble Supreme Court has observed that, the said guidelines are issued by this Court only to safeguard interests of the claimants, particularly the minors, illiterates and others, whose amounts are sought to be withdrawn on some fctitious grounds.

{3} In view of the same, petitioners are permitted to withdraw an amount of Rs.2,00,000/- (Rs. Two lakhs) each, which was directed to be deposited in fxed deposit in any Nationalised Bank along with accrued interest, if any. Furthermore, petitioners are entitled to renew the request for withdrawal of remaining amount after a period of one year from the date of this order. Writ Petition is accordingly disposed of.

(V.K.JADHAV) JUDGE adb