IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL A.O. No. 493 of 2008 Jaswant Singh & another … Appellants Vs Munne & others … Respondents Sri S.K. Mandal, learned counsel for the appellants Sri I.P. Kohli, learned counsel for the respondent No. 2 Hon’ble B.C. Kandpal, J. This appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed by the appellants against the judgment and award dated 28.06.2007 passed by the District Judge/M.A.C.T., Udham Singh Nagar in M.A.C.T. No. 236 of 2002 Jaswant Singh & another Vs Munne & others. 2. Brief facts of the case are that on 31.08.2002, the deceased Dharam Singh was going on cycle along with Srimanti Devi towards Nanakmata. At about 12:15 p.m. a truck bearing registration No. DL1G/4182, which was being driven by its driver in a very rash and negligent manner, hit the said cycle, in which, Dharam Singh died at the spot whereas Srimanti Devi died on the way to hospital. Therefore, the claimant filed the claim petition for a sum of Rs. 30,19,200/- as compensation. 3. Thereafter notices were issued to the opposite parties. On the receipt of the notices, opposite parties filed their separate written statement before the Tribunal concerned. On the basis of the pleadings of the parties, the Tribunal framed relevant issues in the claim petition. Both the parties led evidence in support of their case. After hearing learned counsel for the parties and perusing the entire material available on record, the Tribunal decreed the claim petition for a sum of Rs. 4,57,000/- along with interest @ 7% per annum. The Tribunal further directed that the awarded 2 amount Rs. 10,000/- be released in favour of the appellants and rest of the amount directed to deposited with some Nationalized Bank for a period of ten years. 4. Feeling aggrieved by the aforesaid judgment and award, the appellants have preferred this appeal before this Court. 5. Heard Sri S.K. Mandal, learned counsel for the appellants, Sri I.P. Kohli, learned counsel for the respondent No. 2 and perused the record. 6. The only point, which has been placed before me by the learned counsel for the appellant is that the entire awarded amount (except Rs. 10,000) has been directed to be kept in a fixed deposit with some Nationalised Bank for a period of ten years, which is not going to serve the actual purpose. 7. I am of the view that the period for which the money has been directed to be deposited with some Nationalised Bank for a period of ten years in the form of fixed deposit is too long. In my opinion, instead of ten years, I direct that the money awarded in favour of the claimants/appellants be deposited in a fixed deposit for a period of three years with some Nationalised Bank. After the period of three years, the claimants/appellants shall be entitled to withdraw that amount. 8. With the aforesaid observations, the appeal is finally disposed. (B.C. Kandpal, J.) 08.06.2009 ASWAL