Raj Kumar and Others Vs. - Court Judgment

CR 200/2013(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR 200/2013(O&M) Date of decision:15/01/2013 Raj Kumar and others ............Petitioners v.

M/s Gnashey Overseas Ind.LTD.And ohters .............Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Sham Lal Bhalla,Advocate for the petitioners Jaswant Singh,J(Oral).Petitioner no.1 Raj Kumar, his minot son-petitioner no.2 Lachman Singh aged 17 years and daughter-petitioner no.3 Nimo Devi were awarded compensation of Rs.2.70 lacs by the learned Motor Accident Claims Tribunal, Fatehgarh Sahib vide award dated 1.9.2006 on account of death of Kashmiro wife of petitioner no.1 and mother of petitioner Nos.2 and 3.

The compensation amount was further enhanced to the tune of Rs.45,000/- by the Hon'ble High Court vide order dated 27.4.2009.

The petitioners are aggrieved against the order dated 17.12.2012 (P5) passed by the learned Motor Accident Claims Tribunal, Fatehgarh Sahib vide which their application, for directing CR 200/2013(O&M) 2 the Oriental Bank of Commerce, Fatehgarh Sahib Branch to release the FDR amounting to Rs.61,663/- lying deposited in the name of minot Lachman Singh (with maturity date of 27.12.2015) to meet the medical expenses for the treatment of said Lachman Singh, has been dismissed.

Learned counsel by referring to Medical Bill (P1) and Medical Certificate (P3) issued by Christian Medical College, Ludhiana submits that petitioner no.2-Lachman Singh, minot due to a road side accident was admitted in CMC Ludhiana for treatment of grade III Liver injury, fracture of right humerus and mandible.

Thereafter, certain procedures were carried out.

The patient has also developed post operative complications due to which he is on ventilator and admitted in ICU and as per medical certificate (P3) he would need further 2 weeks ICU management.

Thus, he prays for release of compensation amount lying deposited in the account of petitioner- Lachman Singh.

The averments made by the learned counsel for the petitioner are corroborated by medical bill (P1) and medical certificate (P3) issued by CMC Ludhiana.

Out of total billed amount of Rs.2,03,183/- an amount of Rs.79,000/- has been deposited and as per in-patient advance demand slip (P2) another sum of Rs.35,000/- was required to be deposited.

Keeping in view the facts stated above, the present petition is liable to be accepted.

Accordingly, the present revision petition is allowed, the impugned order dated 17.12.2012 (P5) passed by the CR 200/2013(O&M) 3 learned Motor Accident Claims Tribunal, Fatehgarh Sahib is set aside and it is directed that the amount of compensation lying deposited in the name of petitioner no.2-Lachman Singh, in Oriental Bank of Commerce,Fatehgarh Sahib Branch in the shape of FDR be released forthwith to meet the medical expenses required for the treatment of petitioner-Lachman Singh.

Disposed of accordingly.

15.01.2013.

(Jaswant Singh) joshi Judge