01Facts
The petitioner’s father died in a motor accident in 1991
¶ 2In 1994, the Motor Accident Claims Tribunal (MACT) awarded compensation, directing the petitioner’s share to be kept in a Fixed Deposit Receipt (FDR) until she attained majority
¶ 2An FDR was created in 1995 for a term of only two years, maturing in 1997
¶ 2Following maturity, the FDR was neither renewed by the Tribunal nor the Bank, and the funds were transferred to an "overdue category account" which earned no interest
¶ 3Upon attaining majority, the petitioner discovered she had been deprived of interest for over a decade
¶ 3On 04.09.2013, the MACT rejected her application for the payment of due interest, leading to the present writ petition
¶ 302Issues
i.1. Whether the administrative failure to renew a court-ordered FDR for a minor claimant constitutes a gross negligence for which the claimant must suffer.
¶ 1, 10ii.2. Whether internal banking circulars regarding "overdue accounts" can override a judicial direction to protect and grow a minor’s compensation until majority.
¶ 5, 12iii.3. Whether the responsibility for the timely renewal of a court-supervised deposit lies with the minor claimant or the custodial authorities (Tribunal and Bank).
¶ 11, 1303Law Applied
The Court primarily applied the protective principles governing compensation for minors under the Motor Vehicles Act, as established by the Supreme Court in General Manager, Kerala SRTC v. Susamma Thomas (1994) and A.V. Padma v. R. Venugopal (2012)
¶ 11These precedents mandate that compensation awarded to minors must be adequately safeguarded and periodically renewed to ensure maximum benefit
¶ 11Furthermore, the court applied the principle that judicial awards take precedence over internal administrative circulars or banking guidelines
¶ 1204Reasoning
The Court observed that the deposit was not a commercial transaction but a court-directed statutory award intended to benefit a minor
¶ 10-11The initial preparation of a two-year FDR, despite a judicial mandate to secure the funds until majority, was a threshold failure of the Tribunal’s instructions
¶ 11Because the FDR remained in the physical custody of the Tribunal, the minor petitioner had no means to monitor or renew the deposit
¶ 11The Court rejected the Bank’s reliance on internal circulars from 2011 to justify the non-payment of interest, holding that such administrative instructions cannot operate retrospectively to defeat a 1994 judicial award
¶ 12The Court identified a "systemic failure" involving both the Tribunal's administrative machinery (the Nazir) and the Bank, concluding that the petitioner cannot be penalized for the gross negligence of these institutions
¶ 12-1305Holding
The Court allowed the writ petition and set aside the MACT’s order dated 04.09.2013
¶ 16It held that the liability to compensate the petitioner was joint and several upon the respondents
¶ 15The Court directed the respondent Bank to recalculate the amount by treating the original deposit as if it had been continuously and regularly renewed at prevailing term deposit rates from 17.08.1995 to 08.05.2013
¶ 17After adjusting for the amount already paid, the balance is to be paid within two months, carrying an additional 10% interest per annum from the date of judgment until actual payment
¶ 18-19Original Court PDF
Km. SUMITA YADAV ALIASvsMOTOR ACCIDENT CLAIM TRIBUNAL
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