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Ramu Devi (Smt.) Vs. Motor Accident Claims Tribunal - Court Judgment

SooperKanoon Citation
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Writ Petition No. 6633/2007
Judge
Reported in2008(1)WLN284
AppellantRamu Devi (Smt.)
RespondentMotor Accident Claims Tribunal
Excerpt:
motor vehicles act, 1988 - constitution of india--articles 226 and 227-motor accident claim--amount of compensation--release of--tribunal awarded rs. 3,60,000/- as compensation--rs. 2,50,000/- was deposited in fixed deposit in name of petitioner and remaining sum of rs. 1,10,000/- was to be deposited in fixed deposit in name of daughter of petitioner-petitioner filed application for withdrawal of rs. 2,50,000/- that was kept in fixed deposit for completion of construction work and marriage of daughter and for discharge of some social obligation--tribunal ordered release of rs.40,000/- only--held, tribunal directed to make necessary order for releasing rs. 1 lac more to petitioner out of the amount kept in fixed deposit.; writ petition allowed. - .....daughter guddi. out of the compensation referred above, a sum of rs.2,50,000/- was deposited in a fixed deposit in the name of the petitioner and remaining sum of rs.1,10,000/- was to be kept in fixed deposit in the name of daughter of the petitioner. the petitioner submitted an application dt. 17.08.2007 before the tribunal seeking permission to draw a sum of rs. 2,50,000/- that was kept in fixed deposit in her name under the order dt. 30.09.1999. the claim for withdrawal of the amount was made being in need of money for completion of construction work, for marriage purpose of the daughter guddi and to discharge certain other social responsibilities. learned tribunal by the order impugned dt. 22.08.2007 disposed of the application permitting the petitioner for making payment of rs......
Judgment:

Govind Mathur, J.

1. The Motor Accident Claims Tribunal, Jaisalmer by its award dt. 30.09.1999 awarded a compensation in a tune of Rs.3,60,000/-in favour of the petitioner and her daughter Guddi. Out of the compensation referred above, a sum of Rs.2,50,000/- was deposited in a Fixed Deposit in the name of the petitioner and remaining sum of Rs.1,10,000/- was to be kept in Fixed Deposit in the name of daughter of the petitioner. The petitioner submitted an application dt. 17.08.2007 before the Tribunal seeking permission to draw a sum of Rs. 2,50,000/- that was kept in Fixed Deposit in her name under the order dt. 30.09.1999. The claim for withdrawal of the amount was made being in need of money for completion of construction work, for marriage purpose of the daughter Guddi and to discharge certain other social responsibilities. Learned Tribunal by the order impugned dt. 22.08.2007 disposed of the application permitting the petitioner for making payment of Rs. 40,000/- out of the kept in Fixed Deposit.

2. The contention of counsel for the petitioner is that the amount awardedis in fixed deposit from last about 8 years and now the petitioner is having acute need of money for completing construction work of her house and also to discharge certain social responsibilities including marriage of daughter.

3. It is true that the Tribunal while deciding the application for disbursement of money is required to ensure perspective security of the claimant, but at the same time it should also be ensured that the claimant behaving adequate money in hand to meet necessary expenses. In the instant matter, the petitioner claimed payment of awarded amount for completion of her house and to discharge social obligations including marriage of her daughter. The sum of Rs. 40,000/- i.e. ordered to be released under the order impugned by the Tribunal in my opinion is not adequate to meet requirements of the petitioner. Looking to that, this petition for writ deserves accept once with a direction to the Motor Accident Claims Tribunal, Jaisalmer to make a necessary order for releasing Rs. 1 Lac more to the petitioner out of the amount kept in Fixed Deposit.

4. The petition for writ, therefore, is allowed with a direction that a sum of Rs.1 Lac beside the sum of Rs.40,000/- already ordered to be released, be further released from the amount kept in Fixed Deposit in name of the petitioner pursuant to the award dt. 30.09.1999.No order to cost.


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