Final Order 1

Order Details: Order on Exh.
Pdf Text: Common Order Below Exh.1 & 2 in Miscl.
Appl. No.148/2023
In
Disposed M.A.C.P.No.477/2018
1. By this application Exh.1 it has brought to my
notice that in the second clause of operative order in the
judgment and award in MACP No.477/2018 Dt.7.10.2021,
inadvertently “.....remaining amount Rs.10,00,000/-
alongwith accrued interest be invested in FDR in the in the
name of the applicant no.5-minor daughter of the
deceased....” is mentioned instead of “....remaining amount
Rs.9,00,000/- alongwith accrued interest be invested in
FDR in the name of the applicant no.5-minor daughter of
the deceased ...”. Hence, the clause 2 in the operative order
in the judgment Dt. 07.10.2021 will substituted by the
following clause.
''3. On realisation of the compensation amount,
Rs.2,00,000/- each be paid to applicant nos.1 and 2-
parents of the deceased by A/c payee cheques on due
verification of their identity and Rs.2,00,000/- each be
invested in FDR in the name of the applicant nos.1 and 2
for a period of five years in any nationalised bank. An
amount of Rs.2,00,000/- be paid to the applicant no.3-
Sister of the deceased by A/c payee cheques on due
verification of her identity and Rs.1,00,000/- be invested in
FDR in her name for a period of five years in any
nationalised bank. An amount of Rs.6,44,679/- be paid to
the applicant no.4-Wife of the deceased A/c payee cheque
on due verification of her identity and Rs.5,00,000/- be
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invested in FDR in her name for a period of five years in
any nationalised bank and remaining amount
Rs.9,00,000/- alongwith accrued interest be invested in
FDR in the name of the applicant no.5-minor daughter of
the deceased till she attains the age of majority.”
2. By the application at Exh.2 the applicant no.4-
wife of the deceased-Smt.Varsha Shrikant Alegaonkar has
prayed that she be permitted to withdraw her share of
Rs.5,00,000/- which was invested in FDR for five years as
per direction of the Court in Judgment & Award
Dt.7.10.2021 passed by this Tribunal. She further
contended that due to marriage of my deceased husband’s
sister i.e. applicant no.3, total amount of Rs.11,00,000/- i.e.
Rs.4,00,000/- from my in-law’s account, Rs.2,00,000/- from
my sister in law’s account, Rs.5,00,000/- from my account
were spent due to family unity and bonding. She had no
other option but to consider her consent request without
any force or coercion or undue pressure from anybody.
Further, for some reasons she intends to separate from her
in-law’s residence and wants to stay separate in a rental
place. Therefore, she prayed that out of urgency and on the
humanitarian ground, some amount from her FDR of
Rs.5,00,000/- be released to her and accrued interest on
that amount be given to her daughter-applicant no.5.
3. The report of the A.O. shows that the insurer
has deposited cheques of 1)Rs.9,01,527/-; 2)Rs.1,00,000/-;
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3)Rs.5,00,000/-; 4)Rs.7,93,258/-; 5)Rs.2,00,000/- and
Rs.2,00,000/- in the name of A.O., MACT, Mumbai on
27.5.2022. While the report of writ section shows that there
is no order by the Hon'ble Bombay High Court in this
matter till today.
4. In support of this application applicant no.4-
Smt.Varsha Shrikant Alegaonkar has filed her affidavit.
Thus, after considering all the facts and circumstances of
the case and the reasons given by the applicant No.4, I am
of the opinion that she needs some money. Thus I am of the
opinion that it will be just and proper to allow her to
withdraw amount of Rs.2,00,000/- and remaining amount
be reinvested as per the directions in the Award. Hence, this
application Exh.1 and 2 deserve to be allowed. Hence, I
pass the following order.
ORDER
1. The application Ex.1 and 2 are allowed.
2. The Accounts Officer is directed to recall the
amount of the share of the applicant No. 4 along-with
interest accrued thereon from Bank, to the credit of the
bank account of this Tribunal. The details of the bank
account of this Tribunal are as under:-
Account Name MOTOR ACCIDENT CLAIMS
TRIBUNAL MUMBAI
Account No. 00000040777482356
IFS Code SBIN0030002
MICR Code 400002273
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3. On such deposition of the amount, an amount
of Rs.2,00,000/- be paid to the applicant no.4-wife of the
deceased-Smt.Varsha Shrikant Alegaonkar, by NEFT/RTGS,
on submitting her bank account passbook photocopy duly
verified by her banker and against proper identification by
obtaining acknowledgment thereof on payment of deficit
court fees, if any.
4. Remaining amount of FDR be reinvested in the
name of applicant no.4 as per the directions in the award.
5. Regarding correction in clause no.2 of the
Judgment and Award dt.7.10.2021, corrigendum has been
passed for necessary correction.
(S.B.Munde)
Member
Date :- 08.09.2023 MACT, MUMBAI
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