-1- DB C.M.Appl.4/10 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T 1. D.B. Civil Miscellaneous Application No.4 of 2010 IN D.B. Special Appeal (Civil) No.93 of 2001 With D.B. Civil Miscellaneous Stay Application No.1550/2001 IN S.B. Civil Miscellaneous Appeal No.114 of 2001 The Branch Manager, National Insurance Co.Ltd. Ajmer V E R S U S Nanda son of late Shri Onad and Others * 2. D.B. Civil Miscellaneous Application No.21 of 2010 IN D.B. Special Appeal (Civil) No.76 of 2001 The Branch Manager, National Insurance Co.Ltd. Ajmer V E R S U S Smt. Narbada wife of Shri Madan Lal & Others * 3. D.B. Civil Miscellaneous Application No.23 of 2010 IN D.B. Special Appeal (Civil) No.92 of 2001 The Branch Manager, National Insurance Co.Ltd. Ajmer V E R S U S Mangi Lal son of Shri Bhairu Lal and Others * 4. D.B. Civil Miscellaneous Application No.24 of 2010 IN D.B. Special Appeal (Civil) No.74 of 2001 The Branch Manager, National Insurance Co.Ltd. Ajmer V E R S U S Kalu Ram son of Shri Mohan Das & Others * 5. D.B. Civil Miscellaneous Application No.25 of 2010 IN -2- DB C.M.Appl.4/10 D.B. Special Appeal (Civil) No.95 of 2001 The Branch Manager, National Insurance Co.Ltd. Ajmer V E R S U S Sanwaria son of Shri Mangi Lal & Others & 6. D.B. Civil Miscellaneous Application No.30 of 2010 IN D.B. Special Appeal (Civil) No.94 of 2001 The Branch Manager, National Insurance Co.Ltd. Ajmer V E R S U S Kuldeep son of Shri Bhawar Lal & Others Date of Judgment :::: 07/07/2010 Hon'ble Mr.Justice Dalip Singh Hon'ble Mr.Justice Raghuvendra S. Rathore Mr. Sunit Awasthi and Mr. Liyakat Ali, Counsel for the applicant-claimants Mr. Praveen Jain, Counsel for the Insurance Company *** PER COURT : Heard learned counsel for the parties. These applications have been filed by the claimants praying therein for giving a direction to release the amount awarded by the learned Motor Accident Claims Tribunal, which have been ordered to be kept in Fixed Deposit under the orders of this Court during the pendency of these appeals. It was submitted by the learned counsel that while deciding the appeals vide judgment dated 10.03.2004 the learned Division Bench had directed that the Insurance Company would deposit the amount of -3- DB C.M.Appl.4/10 compensation with interest as awarded by the learned Tribunal within one month from the date of receipt of the copy of this judgment with the Registrar (Administration) of this Court. It was further directed that the Registrar (Administration) of this Court would invest the said amount in the Long Term Fixed Deposit initially for a period of 39-months with the Indian Overseas Bank, M.I. Road, Jaipur. In the light of the above, it was brought to the notice of the Court by means of the present applications that the time for which the amount was ordered to be kept in the Fixed Deposit has already elapsed and now a direction may be issued to the Registry to release the aforesaid amount in favour of the claimants. It was also brought to the notice of the Court that in the appeals an interim order came to be passed on 28.05.2001 in terms of which the Insurance Company was directed to deposit the amount awarded by the learned Motor Accident Claims Tribunal, Kekri, Ajmer and the learned Tribunal was directed to reinvest the amount with the Bank of Rajasthan for a period of one year with the stipulation that the Fixed Deposit would be renewed from time to time during the pendency of the appeals. Mr. Praveen Jain, learned counsel appearing for the Insurance Company submitted that in pursuance -4- DB C.M.Appl.4/10 of the interim order dated 28.05.2001 as in the case of D.B. Civil Special Appeal No.93 of 2001 there were similar orders in other appeals also and in pursuance of which the Insurance Company deposited the amount under the award other than the amount awarded by way of no fault liability and the amount required to be deposited under Section 173 of the Motor Vehicles Act, 1988 by means of an application along with the cheques in June, 2001. It was also submitted that in accordance with the directions contained in the order dated 28.05.2001 the learned Motor Accident Claims Tribunal deposited the amount in Fixed Deposit with the Bank of Rajasthan Branch, Kekri, District Ajmer. Learned counsel for the parties frankly submitted that this fact regarding the order dated 28.05.2001 and its compliance, as mentioned above was not brought to the notice of the Court at the time when the appeals came to be heard finally and decided vide judgment dated 10.03.2004 and, therefore, there crept an error in the ultimate direction that came to be passed by the learned Division Bench of this Court for depositing the amount with the Registrar (Administration) of this Court, as nothing remained to be deposited after the compliance of the interim order of the Court dated 28.05.2001. It is further submitted that since the entire amount had been deposited, as aforesaid no further -5- DB C.M.Appl.4/10 amounts were deposited with the Registrar (Administration) of this Court by the Insurance Company. When the matter came up before the Court on 11.01.2010 a report was called from the Registry of the Court as to whether or not the amount in terms of the order dated 10.03.2004 had been deposited with the Registrar (Administration) of this Court by the Insurance Company and it has been reported that no amount in terms of the judgment dated 10.03.2004 has been deposited by the Insurance Company with the Registrar (Administration) of this Court. The said report is dated 20.01.2010. A reply has been filed by the Insurance Company wherein the fact with regard to deposit of the amount by the Insurance Company under the various cheques in terms of the order dated 28.05.2001 has been stated in the said reply and the said reply being common to all the cases with details of the claim petitions, deposits with the cheques numbers in each case with the amount have been furnished before the Court today. With a view to ascertain the aforesaid facts the Deputy Registrar (Judicial) of this Court was directed to contact the learned Motor Accident Claims Tribunal, Kekri District Ajmer telephonically and inquire/verify the facts mentioned in the reply. A Fax message has been received in pursuance of the -6- DB C.M.Appl.4/10 telephonic conversation made by the Deputy Registrar (Judicial) of this Court from the learned Motor Accident Claims Tribunal, Kekri, District Ajmer dated 07.07.2010, the same is directed to be kept on record. As per the information supplied by the learned Motor Accident Claims Tribunal (A.D.J.) Kekri, District Ajmer the amount as mentioned in the reply by the respondent insurance-company has been deposited by the Insurance Company after the order dated 28.05.2001 with the learned Motor Accident Claims Tribunal in June, 2001 and was kept in Fixed Deposit with the Bank of Rajasthan, Kekri and is still lying in fixed deposit with the said bank. From the above, it is clear that no amount has been deposited by the Insurance Company under the final judgment of this Court dated 10.03.2004 but was deposited under the interim order dated 28.05.2001 with the learned Tribunal as directed therein and it is lying in fixed deposit with the Bank of Rajasthan, Kekri Branch. In the light of the above, it is directed that the learned Motor Accident Claims Tribunal, Kekri, District Ajmer would direct the Bank of Rajasthan, Kekri Branch to release the amount lying in Fixed Deposit along with interest accrued thereon under the directions of this Court dated 28.05.2001 to the claimants to be paid in their Saving Bank Accounts. In case, the F.D.Rs. have not matured the -7- DB C.M.Appl.4/10 amount would be released on the maturity of the Fixed Deposits. In case, the Fixed Deposits were not renewed for any reason after their maturity the same are directed to be renewed for a minimum of the period permissible under the banking regulations and the interest accrued thereon upto the date of maturity in pursuance of the last renewal after this order of the Court contained here-in-above, the amount along with interest would be paid to the claimants in their Savings accounts for withdrawal by the claimants. The claimant-applicants would be free to approach the learned Motor Accident Claims Tribunal with a copy of this order for necessary compliance and execution. Learned counsel for the claimants also pointed out that as per the information provided by the learned Motor Accident Claims Tribunal there are four cheques:- (i) Cheque No.427237 in favour of Kuldeep for an amount of Rs.5000/- (ii) Cheque No.427238 in favour of Mangi Lal for an amount of Rs.2500/- (iii) Cheque No.427239 in favour of Kailash for a sum of Rs.5000/- and (iv) Cheque No.688832 in favour of Hemchand for an amount of Rs.20,000/-. It is directed that the learned Motor Accident Claims Tribunal would be free to proceed in respect of the aforesaid four cheques for releasing the amount in favour of the claimants after notice to the claimants and the Insurance Company only and -8- DB C.M.Appl.4/10 revalidation of the cheques in accordance with the law. The learned Motor Accident Claims Tribunal would ensure that a register is maintained of the amount received in favour of the claimants with date of release of the amount incash/fixed deposit and such amount should be disbursed in accordance with the award/judgment passed in appeals on the due dates to the claimants without any delay as in the instant case, where the appeal was decided as far back in 2004 and the amount had not been paid till 2010, though, the same became due in 2007. In view of the above, all these miscellaneous applications stand disposed of by this order. (Raghuvendra S. Rathore),J. (Dalip Singh),J. Ashok/