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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.5612/2021
Shishir Sinha S/o Late Shri Rajendra Prasad Sinha, Aged About
51 Years, R/o A-3, F-105, Sdc, Deepak Marg, Adarsh Nagar,
Jaipur (Rajasthan).
----Petitioner
Versus
1. Cholamandlam M.S. General Insurance Company Limited,
Second Floor, Arg Building, Chitranjan Marg, C-Scheme,
Jaipur Through Its Manager.
2. Kaluram Mali Son Of Shri Suraj Mal Mali, Resident Of
House No. 19, Shyam Nagar Colony Jaysingh Pura,
Laalwas, Jaipur (Rajasthan).
3. Kishen Kumar Bhargaw Son Of Shri H.l. Bhargaw,
Resident Of House No. 33, Pancholiyaan Mohalla,
Jamvaramgargh Road, Jamva Ramgarh, Bisnaramgarh,
Aandhi, Jaipur (Rajasthan)
----Respondents
with S.B. Civil Writ Petition No.8641/2021 Rakesh Son Of Shri Kishor, Aged About 26 Years, Resident Of Village And Post Aaluda, Tehsil Sikrai, Police Station Nangal, District Dausa, At Present Resident Of Bhairu Colony, Jaisinghpura Khor, Delhi Byepass, Jaipur (Raj.)
----Petitioner Versus
1. Banwari Lal Meena Son Of Shri Ramsahai, Aged About 49 Years, Resident Of Karodi, Tehsil Sikrai, District Dausa (Raj.) (Driver Vehicle No. Rj-14-CQ-92636)
2. Sanjay Agrawal Son Of Shri Kailash Chand Agrawal, Resident Of C-42, Grater Kailash Colony, Lal Kothi Scheme, Police Station Jyoti Nagar, Jaipur. (Owner Vehicle No. Rj-14-CQ-92636)
3. United India Insurance Company Limited, Through Its Manager, Regional Office, Sahara Chambers, Near Laxmimandi Tiraha, Tonk Road, Jaipur. (Insurance (Downloaded on 17/08/2021 at 10:08:51 PM) (2 of 4) [CW-5612/2021] Company Of Vehicle No. Rj-14-CQ-92636)
----Respondents For Petitioner(s) : Mr. Najeeb Anwar Khan Mr. Bhanu Prakash Verma For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 13/08/2021 Learned counsel for the petitioners had moved an application for releasing of the amount awarded to him and deposited under FDRs in a motor accident claim case. Learned counsel for the petitioners submits that the Ld. Judge has rejected the application without taking into consideration the law as settled by this court. Learned counsel relies on the judgment passed by this court in the case of Jilsad Alias Dilsad Versus Shaukat and Ors., SBCWP No.15642/2018 decided on 04.09.2018 wherein this court observed as under:-
"4.Taking into consideration the present scenario of the rate of interest as available in fixed deposits and that there are other sources of investment also available for getting better interest on the amount of compensation awarded, this Court is of the opinion that the guidelines laid down by the Apex Court are to be taken with the spirit of the change of method of investments as are now prevalent.
5.Taking note of the aforesaid judgment, this Court finds that the order rejecting the application has not been passed by the learned Tribunal judiciously. In the present circumstances where a compromise award has been passed, the learned Tribunal cannot be allowed to act in a rigid and mechanical manner. Appropriate order for proportionment of amount is required to be passed by the Tribunal and at least in cases of injuries where expenditures have to be incurred in continuous treatment, care and (Downloaded on 17/08/2021 at 10:08:51 PM) (3 of 4) [CW-5612/2021] attendance in relation to minors, 60% of the amount of compensation ought to be released in saving account of the claimant while 40% of the amount of compensation may be kept for future protection by way of depositing in fixed deposit accounts.
6.Thus, this Court finds that in cases where the individuals have entered into a compromise with the respondents either before the MACT or any Lok Adalat, a different yardstick is required to be adopted in relation to depositing of compensation amount in fixed deposits.
7.Accordingly, in relation to the cases of persons who have attained majority, this Court is of the opinion that the persons who have attained majority and who are literate and are able to take decision relating to their future, the Tribunal ought not insist on getting the amount deposited in fixed deposits and it should be left for the concerned claimant to take his own decision relating to the investment of the amount of compensation awarded in the manner which he may like to do. The Tribunal may, however, fix certain portion of the compensation awarded in fixed deposits upto the extent of 40% in relation to the claimants who are widows and children. This would be in tune with the judgment passed by the Apex Court in the case of General Manager, Kerala State Road Transport Corporation Trivandrum Vs. Susamma Thomas & Ors.: AIR 1994 SC 1631.
8.Consequently, the writ petition is partly allowed. The order impugned passed by the learned Tribunal is quashed and set aside and the learned Tribunal is directed to release60% of the amount deposited in Fixed Deposits in favour of the petitioner along with interest as has been accrued till date. Rest of the amount shall remain deposited in Fixed Deposits. No costs."
This court finds that inspite of law having been settled by this court, the Ld. Judge, MACT are not complying with the orders and time and again are rejecting the applications moved before them for releasing of FDRs and writ petitions keep on piling up in this court.
In the hierarchy of judicial system, orders passed by the High Court are required to be implemented by the courts below (Downloaded on 17/08/2021 at 10:08:51 PM) (4 of 4) [CW-5612/2021] and no court below can refuse to comply with observations and directions issued by this court which have attained finality.
In view thereof, the present writ petitions are allowed. The orders passed in both the writ petitions by the Ld. Judge, MACT Jaipur Metro and Ld. Judge MACT Jaipur, District Jaipur are set aside with directions to release the FDRs of the petitioners who are fit to take decision relating to the amount which they want to invest in the manner as they deem fit.
A copy of the order passed in the case of Jilsad Alias Dilsad (supra) be also circulated to the concerned Judge, MACTs so that future litigation may be avoided before this court.
A copy of this order be sent to the Registrar (Classification) for implementation.
(SANJEEV PRAKASH SHARMA),J Karan/68 & 70 (Downloaded on 17/08/2021 at 10:08:51 PM) Powered by TCPDF (www.tcpdf.org)