Judgment:
$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:
9. h December, 2013 % + CM(M) No.1318/2013 SAURABH Represented by: ..... Petitioner Ms.Rajnish K. Jha, Advocate. Versus STATE BANK OF INDIA Represented by: ..... Respondent Ms.Vatsala Rai for Mr.Rajiv Kapur, Advocate. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.
(Oral) 1. By way of the present petition, the petitioner is seeking direction against respondent State Bank of India to release the complete amount lying deposited with it in the form of FDR with upto date interest in his favour.
2. Brief facts of the case are that the petitioner/injured met with an accident on 05.03.2011 at about 12.45 am at L-Block, Mangolpuri, Delhi, which also caused death of Abhimanyu @ Shanti by the offending vehicle, i.e., TSR bearing registration No.DL-14F-9631. Thereafter, the petitioner/ injured filed the claim petition before the learned Tribunal. On filing of the DAR (Detailed Accidental Report), the claim petition was disposed of being compromised for a sum of Rs.6,50,000/- by the learned Tribunal vide order dated 08.11.2012.
3. Pursuant thereto, the learned Tribunal directed to keep the deposited amount in the form of FDR initially for a period of five years with liberty to the petitioner/injured to withdraw the monthly interest accrued thereon through his saving bank account.
4. Learned counsel appearing on behalf of the petitioner/injured submits that the petitioner is aggrieved with the aforesaid direction of keeping the awarded amount in the form of FDR as he has suffered 74% disability in relation to right lower limb, which is permanent in nature and requires future treatment. Also submits that as per the estimate given by the hospital, a sum of Rs.2,73,650/- is required for the treatment.
5. He further submits that the petitioner/injured also needs money as he entered into an Agreement to Sell & Purchase a land measuring 18 square meters, situated at Property No.668, Block-E, JJ Colony, Sava-Ghevra, Delhi, for which he already made a payment of Rs.50,000/- and balance amount of Rs.5,00,000/- has to be paid on or before 16.01.2014. Copy of the Agreement to Sell & Purchase is annexed as Annexure-F.
6. It is pertinent to mention here that an application seeking the same relief has already been moved by the petitioner/injured before the learned Tribunal, however, the same was rejected by the learned Tribunal vide order dated 12.08.2013.
7. Therefore, keeping in view the averments made in the instant application and the submissions made by the learned counsel for the applicant/petitioner, the instant petition is allowed and orders dated 04.03.2013 and 12.08.2013 are set aside.
8. Consequently, the Branch Manager of State Bank of India, Rohini Courts, New Delhi is directed to release the sum of Rs.5,49,084 lying deposited in Account No.32873018825 in the name of Saurav with upto date interest accrued thereon on taking necessary steps by him. SURESH KAIT, J.
DECEMBER09 2013 sb