O R D E R

By way of instant petition filed under Article 227 of the Constitution of India, challenge has been laid to award dated 06.01.2022, passed by learned Motor Accident Claims Tribunal(III), Shimla, District Shimla, H.P., inasmuch as direction has been issued to release 50% of the awarded amount in favour of the claimants, who are otherwise major and order dated 23.09.2022, whereby an application under Section 151 CPC, praying therein to release the award amount having been filed on behalf of the petitioners- claimants, came to be disposed of with the direction to release 50% of the compensation amount as per the shares of the applicants, subject to their furnishing personal bonds and surety bonds with a condition that they would deposit the same in future if directed to do so.

2. Mr. Ajeet Singh Saklani, Advocate has put in appearance on behalf of respondent No.1, who is the sole contesting party as the award detailed hereinabove passed by the Tribunal below is against respondent No.1 and they have chosen not to file any appeal against the same.

3. Precisely, the facts of the case, as emerge from the record are that petitioners-claimants herein filed petition under Section 166 of the Motor Vehicles Act in the Court of learned Motor Accident Claims Tribunal-III, Shimla, District Shimla,H.P., claiming therein compensation to the tune of Rs.50,00,000/- on account of death of Sh. Ajay Kumar, son of petitioner No.1 and brother of petitioner No.2, who died in an accident on 28.10.2017 near Dethal, Tehsil Kumarsain, District Shimla, H.P., while travelling in HRTC bus bearing registration No. HP-69-4956. Learned Tribunal below though held petitioners-claimants entitled for compensation to the tune of Rs. 17,64,000/- alongwith interest at the rate of 7.5% per annum from the date of filing of the petition till the date of deposit of amount, but ordered that only 50% amount shall be released and remaining 50% shall be invested in some Nationalized Bank for a period of three years. Vide aforesaid award, though respondent No.1-HRTC came to be saddled with liability to pay the amount of compensation, as detailed hereinabove, but it has chosen not to file any appeal in the superior court of law against the aforesaid award and as such, same has attained finality.

4. After disposal of aforesaid petition, petitioners herein filed an application under Section 151 CPC, praying therein to release the award amount, lying deposited in the Court below. Petitioners averred in the application that they are in dire need of money for construction of their house, but court below after having ascertained that no stay order has been passed against the aforesaid award, though ordered for release of 50% of compensation amount as per share of the applicants but subject to their furnishing personal and surety bonds with a condition that they would deposit amount in case they are directed to do so in future. In the aforesaid background, petitioners herein have come in the instant proceedings, laying therein challenge to award dated 6.1.2022 inasmuch as direction has been issued to deposit 50% of the amount in FDRs for three years and order dated 23.09.2022, whereby their prayer for release of amount has been accepted subject to their furnishing personal and surety bonds.

5. The first question which needs to be determined in the instant proceedings is that “ whether the impugned award can be laid challenge by way of proceedings under Article 227 of the Constitution of India or not?”

6. Being aggrieved and dissatisfied with the award granting/refusing compensation, if any, can be laid challenge under Section 173 of the Motor Vehicles Act in the High Court, but learned counsel for the petitioners argued that since petitioners herein are not aggrieved with the quantum of amount awarded by the Court below but they are only aggrieved of the direction passed by the Tribunal below to invest 50% of the amount in the FDRs for a period of three years, this Court while ex