Gujarat High Court
Vaghabhai Mohanbhai Kangasiya vs Manager , Baroda Gujarat Gramin Bank on 6 December, 2023
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/SCA/19920/2023 ORDER DATED: 06/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19920 of 2023
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VAGHABHAI MOHANBHAI KANGASIYA
Versus
MANAGER , BARODA GUJARAT GRAMIN BANK
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Appearance:
MR KARANSINH SOLANKI(6541) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 06/12/2023
ORAL ORDER
1. Heard learned Advocate for the petitioner Mr. Karansinh Solanki, who submits that the petitioner is one of the claimants who was a party to the M.A.C.P. No.1407 of 2017 and the judgment and award of the learned Motor Accident Claims Tribunal (Auxi.), Panchmahals at Halol was drawn subsequently and disbursement of money was ordered.
2. In view of the disbursement ordered by the learned Tribunal, 70% of the amount Rs.3,41,067/- as share of the petitioner was ordered to be placed in a Fixed Deposit Receipt (FDR) for a period from 01.07.2021 Page 1 of 6 Downloaded on : Thu Dec 07 20:44:25 IST 2023 NEUTRAL CITATION C/SCA/19920/2023 ORDER DATED: 06/12/2023 undefined to 01.07.2026. It is further submitted that the petitioner had produced further documents regarding necessity for the premature withdrawal of the FDR; the estimate for construction of the house from Architect Ms. Manisha Patel with details of all the construction as well as other needs of electrification, plumbing and even the details regarding Mosaic flooring. The total construction has been estimated @ Rs.4,05,000/-.
3. Learned Advocate for the petitioner submits that though the evidence was on record, the learned Tribunal has not examined the need of the petitioner and without even considering the grounds has strangely observed that the reasons assigned for premature withdrawal of the FDR are ridiculous.
4. It is further submitted that the observations made by the learned Tribunal are adverse to the plea of the petitioner and if at all, the learned Tribunal considered the application of the petitioner as ridiculous, cogent reasons were required to be assigned, to consider so. It is also submitted that the basic necessity of the claimant is required to be Page 2 of 6 Downloaded on : Thu Dec 07 20:44:25 IST 2023 NEUTRAL CITATION C/SCA/19920/2023 ORDER DATED: 06/12/2023 undefined appreciated and the need to have one's own house cum ownership is the need of every individual and when amount is lying in the individual's name, the denial of the application would create prejudice as the petitioner would have to face huge expenses and would also have to pay interest, which would create extra burden on the petitioner.
5. In the case of A.V. Padma & Ors. Vs. R. Venugopal & Ors., reported in (2012) 3 SCC 378 (supra), while appreciating the guidelines issued in the case of Susamma Thomas (supra), it has been observed as under:-
"7. The expression used in guideline No. (iv) issued by this Court is that in the case of literate persons also the Tribunal may resort to the procedure indicated in guideline No. (i), whereas in the guideline Nos. (i), (ii), (iii) and (v), the expression used is that the Tribunal should. Moreover, in the case of literate persons, the Tribunal may resort to the procedure indicated in guideline No. (i) only if, having regard to the age, fiscal background and strata of the society to which the claimant belongs and such other considerations, the Tribunal thinks that in the larger interest of the claimant and with a view to ensure the safety of the compensation awarded, it is necessary to invest the amount of compensation in long term fixed deposit.
8. Thus, sufficient discretion has been given to the Tribunal not to insist on investment of the compensation Page 3 of 6 Downloaded on : Thu Dec 07 20:44:25 IST 2023 NEUTRAL CITATION C/SCA/19920/2023 ORDER DATED: 06/12/2023 undefined amount in long term fixed deposit and to release even the whole amount in the case of literate persons. However, the Tribunals are often taking a very rigid stand and are mechanically ordering in almost all cases that the amount of compensation shall be invested in long term fixed deposit. They are taking such a rigid and mechanical approach without understanding and appreciating the distinction drawn by this Court in the case of minors, illiterate claimants and widows and in the case of semi- literate and literate persons. It needs to be clarified that the above guidelines were issued by this Court only to safeguard the interests of the claimants, particularly the minors, illiterates and others whose amounts are sought to be withdrawn on some fictitious grounds. The guidelines were not to be understood to mean that the Tribunals were to take a rigid stand while considering an application seeking release of the money.
9. The guidelines cast a responsibility on the Tribunals to pass appropriate orders after examining each case on its own merits. However, it is seen that even in cases when there is no possibility or chance of the feed being frittered away by the beneficiary owing to ignorance, illiteracy or susceptibility to exploitation, investment of the amount of compensation in long term fixed deposit is directed by the Tribunals as a matter of course and in a routine manner, ignoring the object and the spirit of the guidelines issued by this Court and the genuine requirements of the claimants. Even in the case of literate persons, the Tribunals are automatically ordering investment of the amount of compensation in long term fixed deposit without recording that having regard to the age or fiscal background or the strata of the society to which the claimant belongs or such other considerations, the Tribunal thinks it necessary to direct such investment in the larger interests of the claimant and with a view to ensure the safety of the compensation awarded to him.
10. The Tribunals very often dispose of the claimant's application for withdrawal of the amount of compensation Page 4 of 6 Downloaded on : Thu Dec 07 20:44:25 IST 2023 NEUTRAL CITATION C/SCA/19920/2023 ORDER DATED: 06/12/2023 undefined in a mechanical manner and without proper application of mind. This has resulted in serious injustice and hardship to the claimants. The Tribunals appear to think that in view of the guidelines issued by this Court, in every case the amount of compensation should be invested in long term fixed deposit and under no circumstances the Tribunal can release the entire amount of compensation to the claimant even if it is required by him. Hence a change of attitude and approach on the part of the Tribunals is necessary in the interest of justice."
6. Heard the submissions canvassed, perused the records of the case. The petitioner has produced documents with regard to the estimate for the construction at house at Exhibit 3. The learned Tribunal at Panchmahals at Halol vide its order dated 06.09.2023 has failed to consider the documents on record. The petitioner is in requirement of the amount for construction of the house and the need has been supported by documents.
7. In view of the above as also considering the decision in the case A.V. Padma (supra), the order dated 06.09.2023 passed by the learned Motor Accident Claims Tribunal (Auxi.) & 2nd Additional District Judge, Panchmahals at Halol in FDR application No.584/2023 Exh.01 in MAC Petition No.1407 of 2017, is quashed and set aside. The total amount Page 5 of 6 Downloaded on : Thu Dec 07 20:44:25 IST 2023 NEUTRAL CITATION C/SCA/19920/2023 ORDER DATED: 06/12/2023 undefined lying in the FDR alongwith the interest accrued thereon be paid to the petitioner, after following the necessary procedure for verification of his identity.
8. The petition succeeds in the aforesaid terms. Direct Service is permitted.
Sd/-
(GITA GOPI, J) CAROLINE Page 6 of 6 Downloaded on : Thu Dec 07 20:44:25 IST 2023