IMPORTANT POINT
Accident--If the amount of compensation is not allowed to be utilised by the family for any purpose, it serves no purpose.

Permod Kohli, J.- By invoking jurisdiction of this Court under Article 227 of the Constitution of India, the present Civil Revision has been filed against the order dated 01.08.2006, passed by the learned Motor Accidents Claims Tribunal, Kaithal. The petitioner is an un-fortunate father, whose unmarried young son aged about 20 years, died in a Motor Vehicular Accident which took place in the year 2004. He along with his wife filed a claim petition before the learned M.A.C.T., Kaithal, claiming compensation. The Tribunal vide its award dated 27.08.2005, awarded an amount of Rs.1,66,000/- to the petitioner and his wife alongwith interest. The Tribunal while awarding compensation directed the deposit of the amount in the fixed deposit in equal shares in favour of the claimants in a nationalised bank for a period of five years with liberty to the claimants to apply for the release of the amount in case of any eventuality. Dharampal, petitioner made an application on 29.07.2006 seeking release of his share of the compensation amount on the ground that he intends to settle his younger son, namely, Balraj, in business. In the application filed before the Tribunal, it was stated that his son is working as an Electrician and he wants to settle him. The Tribunal appears to have recorded the statement of the petitioner and rejected the application on the ground that no documentary proof has been placed on record to establish that the need of the petitioner is genuine. The Tribunal, accordingly, held that it is not satisfied about the genuineness of the need and declined the prayer.

2. I have heard the learned counsel for the petitioner at length.

3. The petitioner has placed on record two certificates: one issued by V.K. Electricals, Kaithal, stating therein that Balraj son of the petitioner had been working in his shop for two years and he could start his own business. There is another certificate by the Sarpanch of Gram Panchayat, Deoban (Kaithal), certifying that the petitioner’s son Balraj had started working as Electrician in the village by taking the shop on rent. It is also not in dispute that the petitioner is the father of Balraj and he has asked for release of the amount of his share of compensation.

4. The Tribunal while declining the prayer referred two judgments of the Apex Court reported as Kerala State Ro ad T ransport Corporation Vs. Susamma Thomas and others, 1994 (2) P.L.R., 01 and Lilaben Udesing G ohel Vs. Oriental Insurance C ompany Limited, 1996 (3), P.L.R. 328.

5. In the Kerala State Road Transport Corporation’s case (Supra), the Hon’ble Supreme Court relying upon certain principles enunciated in the cases of Union Carbide Corporation Vs. Union of India, (1991) 4, SCC, 584 and Muljibhai Vs. United India Insurance Co. Limited, (1982) 23 (1) Gujarat Law Reporter, 756, directed the Accident Claims Tribunals to observe the guidelines noticed in paragraph 17 of the judgment. It may be convenient to reproduce the guidelines which are as under:-

“(i) The Claims Tribunals should, in the case of minors, invariably order the amount of compensation awarded to the minor invested in long term fixed deposits at least till the date of the minor attaining majority. The expenses incurred by the guardian or next friend may, however, be allowed to be withdrawn;

(ii) In the case of illiterate claimants also the Claims Tribunal should follow the procedure set out in (i) above, but if lump sum payment is required for effecting purchases of any movable or immovable property, such as, agricultural implements, rickshaw, etc., to earn a living, the Tribunal may consider such a request after making sure that the amount is actually spent for the purpose and the demand is not a rogue to withdraw money;

(iii) In the case of semi-literate persons the Tribunal should ordinarily resort to the procedure set out in (i) above unless it is satisfied, for reasons to be stated in writing, that the whole or part of the amount is required for expan