Accident--Pre mature release of compensation--There is no such guide line that in every case an adult member is entitled to withdraw the FDR.

Mrs. Daya Chaudhary, J.: - The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 13.9.2016 (Annexure P-1) passed by Motor Accidents Claims Tribunal, Ludhiana (hereinafter referred to as ‘the Tribunal’), whereby, the application moved by the petitioners for releasing some share from the FDRs of the minors for their maintenance has been dismissed.

2. Briefly, the facts of the case are that the claimants-petitioners, who are mother and two minor children of deceased-Sardar Ali filed claim petition under Section 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as ‘the Act’) for grant of compensation to them on account of death of Sardar Ali in an accident. The claim petition was filed through mother of the deceased as his children were minor. The claim petition was allowed and claimants were granted compensation to the tune of Rs.8,80,000-towards all the heads as the matter was compromised with the respondentinsurance company. Out of the total amount of compensation, claimantmother of the deceased was awarded Rs.1,00,000- and the remaining amount of compensation was ordered to be paid to the minor children by way of FDRs in the nationalised bank till they attain the age of majority.

3. An application was moved by the claimant-mother of the deceased, namely, Mindro stating therein that she is an old lady and having no source of income. She is hardly maintaining both the minor children, who are school going. It has also been mentioned in the application that after the death of her son, she has also borrowed some amount from the relatives for maintenance of herself and minor grand children. She has prayed in the application that the amount, which islying deposited in FDRs be released to her so that she may be able to maintain and educate both the minor children. Said application was dismissed vide order dated 13.9.2016 on the ground that the Court cannot go beyond the award and allowing the application would amount to review of the earlier order, which is subject matter of challenge in the present revision petition.

4. Learned counsel for the petitioners submits that the impugned order has been passed without any application of mind and the same is contrary to judgment of Hon’ble the Apex Court in the case of Kerala State Road Transport Corporation Vs. Susamma Thomas and others 1994 (2) PLR 01. Learned counsel has also relied upon the judgment of this Court in Ankush Manro Vs. Rajinder Singh and others (C.R. No. 1287 of 2013 decided on 26.2.2013).

5. Notice of motion was issued in the case on 8.11.2016. Vide order dated 17.12.2016, since respondents No.1 and 2 were not served, fresh notices were ordered to be issued to them.

6. Learned counsel for the petitioners contends that the impugned order has nothing to do with the respondents and effecting service upon them is not necessary.

7. Heard the arguments advanced by learned counsel for the petitioners and have also gone through the impugned order and other documents available on the file.

8. Facts relating to filing of claim petition, allowing the same by the Tribunal and share of compensation granted to minor claimants by way of FDRs in a national bank are not disputed. The purpose of depositing the amount of compensation in FDR was to ensure the payment at the right occasion. It was mentioned in the award passed by the Tribunal that the FDRs be encashed at the time of attaining age of majority of the minors. Since the grandmother of the minors felt necessity of the money as there was no source of income to her not only for maintenance of the minor children but for their education also, she filed an application for releasing some share from the FDRs of the minors for their maintenance. The application moved by the grandmother was dismissed without considering the guidelines issued by Hon’ble the Apex Court in Susamma Thomas case (supra). Both the minor children are in the age group of 4-