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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM (M) No.716/2009
% Date of decision: 20th August, 2009
ROOPA ARORA ..... Petitioner
Through : Mr. F.K. Jha, Adv.
along with the petitioner.
versus
NEW INDIA ASSURANCE CO. ..... Respondent
Through : Mr. D.K. Sharma, Adv.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
JUDGMENT (Oral)
1. The petitioner has challenged the order of the learned Tribunal whereby the learned Tribunal has declined to release the award amount kept in fixed deposit for construction of house to her.
2. The accident dated 7th November, 2001 resulted in the death of Rajender Kumar Arora. The deceased was survived by his widow, three daughters and a son who filed the claim petition before the learned Tribunal.
3. The learned Tribunal passed an award for Rs.7,29,700/- in favour of the petitioner on 15th October, 2007. The award CM (M)No.716/2009 Page 1 of 3 amount was deposited by respondent No.1 and 50% share of the petitioner was released to her and remaining 50% was directed to be kept in the fixed deposit for a period of five years.
4. The share of the petitioner in the award amount was Rs.4,26,248/- out of which Rs.2,13,124/- was released to her and Rs.2,13,124/- kept in the fixed deposit for a period of five years.
5. The petitioner filed an application before the learned Tribunal for release of the amount kept in fixed deposit for construction on the plot purchased by her. The learned Tribunal directed Rs.50,000/- be released to her. However, the learned Tribunal declined to release the remaining amount against which the petitioner has approached this Court.
6. The petitioner is present in the Court along with her brother and two children. The petitioner has been examined by this Court.
7. The petitioner submits that she is staying in a rented accommodation and is paying rent of Rs.2,500/- per month. She further submits that she has purchased 50 sq. yd. plot on which the boundary wall has been constructed. The photographs have been perused from the record of the learned Tribunal. The petitioner further submits that she intends to construct a house on the said plot and would be in a position to save rent of Rs.2,500/- per month being paid every month. Brother of the petitioner is present in Court and he assures that the house will be properly constructed on the plot in question.
8. Considering the facts and circumstances of this case, Union CM (M)No.716/2009 Page 2 of 3 Bank of India, Pitam Pura, Delhi is directed to discharge FDR No.6655164 dated 8th May, 2009 for Rs.1,63,124/- and make the payment of the FDR amount along with interest thereon to the petitioner by transferring the said amount to her Saving Bank Account.
9. The petitioner shall utilize the said amount for construction of the house. The payment towards the building material be made by means of a cheques and the statement of account in respect of the expenditure incurred on the construction be filed before this Court on the next date of hearing. The petitioner shall also file photographs upon the completion of construction before this Court on the next date of hearing.
10. The petition stands disposed of.
11. List for reporting compliance of this order on 22 nd December, 2009.
12. Perusal of the trial Court record reveals that the petitioners have not taken the TDS certificate filed by the respondent in respect of the TDS of Rs.13,382/- deducted from the award amount. The Court Master is directed to release the TDS certificate from the trial Court record to the petitioner through her counsel.
13. Copy of this order be given 'Dasti' to learned counsel for both the parties under signatures of Court Master.
J.R. MIDHA, J AUGUST 20, 2009 mk CM (M)No.716/2009 Page 3 of 3