IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 4499 of 2010(O&M) Date of Decision: February 4, 2011. Samina ...... PETITIONER(s) Versus Faruk and others. ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Mohd. Salim, Advocate for the petitioner. Mr. Vivek Singal, Advocate for respondent No.3. ***** RAM CHAND GUPTA, J.(Oral) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 15.05.2010, Annexure P2, passed by Motor Accidents Claim Tribunal, Panipat. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Motor Accident Claims Tribunal, Panipat. Brief facts relevant for the decision of the present revision petition are that, a petition for compensation under Section 166 of Motor CR No.4499 of 2010 Vehicles Act, 1988 was filed by the present petitioner for herself as well as on behalf of her minor children on account of death of her husband in a road- side accident. The same was decided vide award dated 25.03.2010, certified copy of which has been placed on record by the petitioner. The operative part of the award reads as under:- “20. Hence, an award of Rs.4,49,500/- (Rs. Four Lacs Forty nine thousands five hundred) is passed in favour of petitioners and against respondents No.1,2 and 3 jointly and severally. Petitioners shall also get costs of petition and interest of 7.5% per annum from date of petition upto date of realization. 70% of compensation shall be paid to widow Samina whereas remaining compensation shall be shared equally by remaining petitioners.” The amount of award alongwith interest was deposited by respondent-Insurance Company and hence an application, Annexure P1, was moved by the petitioner for issuing voucher for disbursement of the amount as per the award. Learned MACT, Panipat passed the impugned order, Annexure P2 on the said application, which reads as under:- “Attested copy of bank account of Samina-applicant filed. Report of Ahlmad perused. It has been reported that the amount of compensation along with costs and interest i.e. Rs.4,85,058/- has been deposited by respondent Insurance Company vide CCD No.44 dated 30.4.2010. No stay has been received in this case so far. Certified copy of award dated 25.3.2010 passed in MACt case no.28 of 2009 shows that the mode of payment was not decided, therefore, to avoid squandering of the award amount, it is ordered that out of the amount deposited by the respondent insurance company, Rs.50,058/- be disbursed to applicant Samina through account No.1399101051349 and be deposited in 2 CR No.4499 of 2010 Canara Bank, Jattal Road, Panipat. Out of award amount Rs.50,000/- each be deposited in Canara Bank, Panipat in the fixed deposit scheme in the name of claimants no.2 to 7 for the period till they attain majority and out of award remaining amount i.e. Rs.1,35,000/- be deposited in Canara Bank, Panipat in the fixed deposit scheme in the name of applicant Samina for a period of two years. Necessary vouchers be issued to the applicant vide proper receipt and identification. File be consigned to the record room after due compliance.” It has been contended by learned counsel for the petitioner that aforementioned order has not been passed by learned MACT, Panipat in accordance with the award passed. It is further contended that the petitioner is a widow and have no other source of income and hence, she requires some amount out of the awarded amount for bringing up her children and day-to- day needs of herself and her children. It is also contended that moreover as per the award, 70% amount of the compensation was to be paid to petitioner- widow and the remaining amount of compensation was to be shared equally by other claimants and that however, the impugned order has not been passed in accordance with the award. The prayer of counsel for the petitioner has not been opposed by learned counsel for respondent No.3-Insurance Company. Hence, in view of these facts, the present revision petition is accepted with direction to learned Motor Accidents Claim Tribunal, Panipat to pass appropriate order for disbursement of the amount of award already deposited by respondent-Insurance Company as per award dated 25.03.2011. The present revision petition is disposed of accordingly. 3 CR No.4499 of 2010 ( RAM CHAND GUPTA ) February 4, 2011. JUDGE 'om' 4