$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 447/2024 DELHI JAL BOARD .....Appellant Through: Ms. Udipti Chopra and Ms. Richa Kapoor, Advocate.

versus LAXMI DEVI AND ORS .....Respondents Through: Mr. Anshuman Bal, Advocate for R-1.

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 18.12.2025 CM APPL. 79873/2025 (for release of amount)

1. Respondent No.1, who is the mother of the deceased, has filed this application for release of amounts lying in fixed deposits, pursuant to orders passed bythis Court.

2. In the captioned appeal, the appellant – Delhi Jal Board assails an award of the Motor Accident Claims Tribunal [“the Tribunal”] dated 19.03.2024. The Tribunal has awarded compensation of Rs.31,11,024/-, alongwith interest at the rate of 7% per annum, in respect of a fatal accident involving a water tanker owned by the appellant, in which the son of the claimants [respondent Nos. 1 and 2 herein] passed away.

3. The Tribunal directed immediate release of a sum of Rs.4,45,024/-, to respondent No.1-applicant, and Rs. 66,000/- to respondent No. 2, whereas the remaining amount of Rs. 26,00,000/-, alongwith accrued interest, was to be kept in fixed deposits of Rs. 20,000/-, each for over

130 months in the name of respondent No. 1.

4. By order dated 27.08.2024, execution of the impugned award was stayed, subject to deposit of 75% of the awarded amount. Further, by order dated 14.05.2025, 50% of the deposited amount was released to respondent No. 1. Mr. Anshuman Bal, learned counsel for the respondent No.1, states that she has received a lump sum payment of approximately Rs. 1,00,000/-, and is receiving approximately Rs.7,500/- per month from the fixed deposits. Respondent No. 1 seeks release of further amounts in view of the impending expenditure for the marriage of her surviving son and for construction of her house.

5. The challenge in the captioned appeal pertains to a contention with regard to contributory negligence of the deceased, as also the quantum of compensation. As far as quantum is concerned, a large proportion of the award [Rs.30,27,024/-] is on account of loss of dependency, which has, in any event, been computed on the basis of minimum wages of a matriculate. As far as contributory negligence is concerned, 25% of the awarded amount remains with the appellant itself.

6. Having regard to the aforesaid facts, I am of the view that a further lump sum payment can be released to respondent No. 1 at this stage, which is unlikelyto prejudice the interest of the appellant.

7. In these circumstances, the Registry is directed to release a sum of Rs. 5,00,000/- to the applicant, by liquidating the fixed deposits to the extent of Rs. 5,00,000/-, at this stage. The remaining fixed deposits will remain deposited in Court, and will be released only upon their respective maturity.

8. The application is disposed of in these terms.

PRATEEK JALAN, J DECEMBER 18, 2025 SS/AD/