IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 340 of 2009 Ompal Singh S/O Sri Peerumal, through his wife Smt. Raj Dulari, W/O Sri Ompal Singh, presently R/O Jail Compound District Jail Roshnabad Haridwar, District Haridwar. …… Appellant. Versus 1. Radhe Krishna S/O Sri Chatter Pal Singh R/O Navi Nagar Post Murechi, District Eta (U.P.) (Driver) Truck/Dumper No. H.R. 55 B, 2106. 2. Praveen Kumar S/O Dharampal R/O Bypass Alwar Road Sona, District Gurgaon, presently R/O Village Sadarpur, Sector-45, Post Sector-39 NOIDA District Gotam Budh Nagar (Registered owner Truck Dumper HR 55B, 2106. 3. M/s Tokiya General Insurance Company Ltd. Branch Office F.A.I. Building 10 Saheed Jeet Singh Road, New Delhi-67. … Respondents. Mr. Bhuwanesh Joshi, Advocate, learned counsel for the appellant. Mr. H.C.Pandey, Advocate, learned counsel for the respondent no. 3. Date November19, 2009. Hon’ble B.S.Verma, J. Heard learned counsel for the parties . This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed for modification of the impugned award dated 28-7-2009 passed by the Motor Accident Claims Tribunal/Additional District Judge, III F.T.C. Haridwar in Motor Accident Claim Petition No. 95 of 2007 Ompal Singh Vs. Radhe Krishna and others, whereby the learned Tribunal has directed for depositing the entire amount of award/compensation in Fixed Deposit in a nationalized bank. The claim petition was decided between the claimants and the Insurance Company in terms of compromise, paper no. 26-C and accordingly the award was made for compensation of Rs. 7,50,000/- as lump-sum amount. 2 I have perused the award impugned. It was an injury case and the dependents of the injured are wife and three children (two sons and one daughter) aged about 18 years, 16 years and 14 years. The only prayer has been made in the appeal to release the amount of Rs. 2,50,000/- for treatment of the appellant and for education of his children, since the appellant is unable to do any work. The Insurance Company-respondent no.3 has no objection in release of the amount in favour of the appellant. Considering the facts and circumstances of the case, the appeal is allowed. The award dated 28-7-2009 is modified to the extent that out of the compensation of Rs. 7,50,000/-, an amount of Rs. 2,50,000/- is released in favour of the appellant. Rest of the amount of Rs. 5,00,000/- be kept in the Fixed Deposit. The Motor Accident Claims Tribunal concerned is directed to release the amount of Rs. 2,50,000/- ( Rupees two lacs fifty thousand) in favour of the appellant. ( B.S.Verma, J. ) RCP 3 4 5 6 7