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TMI Blog2012 (1) TMI 389X X X X Extracts X X X X X X X X Extracts X X X X ..... and died on 21.7.1993 due to injuries sustained in the accident. Appellant No. 1 is the widow and Appellant Nos. 2 and 3 are the daughters of the said T.S. Subrahmanyam. In the claim petition filed by the Appellants who are the legal heirs of T.S. Subrahmanyam, the Motor Accidents Claims Tribunal-I, Mysore (for short, the Tribunal ) passed an award granting ₹ 60,000/- as compensation. In appeal, the High Court of Karnataka vide its order dated 6.7.2006 enhanced the amount of compensation to ₹ 4,25,000/-. Respondent No. 3 -United India Insurance Company Ltd. deposited in the Tribunal an amount of ₹ 6,33,038/- on 7.1.2008. On 31.1.2008, the Appellants filed an application before the Tribunal praying for release of the amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... usceptibility to exploitation . Even as per the guidelines issued by this Court Court, long term fixed deposit of amount of compensation is mandatory only in the case of minors, illiterate claimants and widows. In the case of illiterate claimants, the Tribunal is allowed to consider the request for lumpsum payment for effecting purchase of any movable property such as agricultural implements, rickshaws etc. to earn a living. However, in such cases, the Tribunal shall make sure that the amount is actually spent for the purpose and the demand is not a ruse to withdraw money. In the case of semi-illiterate claimants, the Tribunal should ordinarily invest the amount of compensation in long term fixed deposit. But if the Tribunal is satisfied fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... king a very rigid stand and are mechanically ordering in almost all cases that the amount of compensation shall be invested in long term fixed deposit. They are taking such a rigid and mechanical approach without understanding and appreciating the distinction drawn by this Court in the case of minors, illiterate claimants and widows and in the case of semi-literate and literate persons. It needs to be clarified that the above guidelines were issued by this Court only to safeguard the interests of the claimants, particularly the minors, illiterates and Ors. whose amounts are sought to be withdrawn on some fictitious grounds. The guidelines were not to be understood to mean that the Tribunals were to take a rigid stand while considering an ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... term fixed deposit and under no circumstances the Tribunal can release the entire amount of compensation to the claimant even if it is required by him. Hence a change of attitude and approach on the part of the Tribunals is necessary in the interest of justice. 6. In this case, the victim of the accident died on 21.7.1993. The award was passed by the Tribunal on 15.2.2002. The amount of compensation was enhanced by the High Court on 6.7.2006. Neither the Tribunal in its award nor the High Court in its order enhancing compensation had directed to invest the amount of compensation in long term fixed deposit. The Insurance Company deposited the compensation amount in the Tribunal on 7.1.2008. In the application filed by the Appellants on 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellants had filed separate affidavits supporting the prayer in the application and stating that they had no objection to the amount being paid to the first Appellant. 7. While rejecting the application of the Appellants, the Tribunal did not consider any of the above-mentioned aspects mentioned in the application. Unfortunately, the High Court lost sight of the said aspects and failed to properly consider whether, in the facts and circumstances of the case, there was any need for keeping the compensation amount in long term fixed deposit. 8. Having regard to the facts and circumstances of the case and in view of the uncontroverted averments in the application of the Appellants referred to above, we are of the view that the Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X
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