Delhi High Court
Samsar Begum And Ors. vs Suresh And Ors. on 17 March, 2005
Equivalent citations: II (2005) ACC 356, 2006 ACJ 1994, 118 (2005) DLT 762, 2005 (81) DRJ 713
Author: M Mudgal
Bench: M Mudgal
JUDGMENT
Mukul Mudgal, J.
CM. No. 3866/05(exemption)
Allowed subject to all just exceptions. Filing of the certified copies stands exempted.
CM stands allowed and disposed of.
CM(M) No. 430/05
1. Rule. With the consent of the counsel for the parties, the petition is taken up today for final hearing.
2. The petitioner/applicant, who is a widow and the legal heirs of the deceased in a motor accident had sought the release of the amount of Rs. 2,02,500/- kept in a fixed deposit with Punjab National Bank, Sector 7, Rohini, Delhi by the order of the Motor Accidents Claims Tribunal, Delhi(hereinafter referred to as the `MACT') in a Claim Petition No. 252/04. The applicant has sought for release of the said deposited amount on the ground that the applicant being a widow, intended to buy a house and had already given Rs. 5,000/- as advance amount pursuant to an agreement to sell dated 15th February, 2005 and urgent release was necessary so that the purchase could fructify. The MACT has dismissed this application by observing that objective of granting compensation will get defeated if the amount is released to the applicant.
3. Orders for deposits of the amount of compensation are made so that the amount is not frittered away by the legal heirs of the deceased and they have a regular source of income. However there is no bar on the release of such amount and such amount can be released in suitable circumstances. Purchase of property to have a roof over the heads of the legal heirs of the deceased is good investment and such a bonafide request cannot be rejected. The applicant/petitioner herein has given a good reason for release of the amount. Accordingly the reason for rejecting the release of the amount given by the MACT is unsustainable. Whenever amount of compensation is kept in fixed deposits, the MACTs in suitable instances, such as the present case, must approach such applications with an open mind and release the fixed deposits in case circumstances so warrant. There is nothing sacrosanct about a fixed deposit and the most relevant circumstance is the welfare of the legal heirs and an order which benefits the legal heirs must be passed.
4. Consequently the petition is allowed and the Order dated 2nd March, 2005, passed in Claim Petition No. 252/04 by the MACT is set aside. The claim application filed by the petitioner before the MACT is allowed. Punjab National Bank, Sector 7, Rohini is directed to release the amount of Rs. 2,02,500/- along with interest, if any, accrued thereon to the petitioner/widow of Late Shri Mohd. Yusuf. The learned learned counsel for the petitioner states that the amount in favor of the minor children continues to remain in deposit. The said amount of Rs. 2,02,500/- along with interest if any, accrued thereon shall be release in favor of the petitioner/applicant not later than 15th April, 2005. It is however, open to the PNB, Rohini Branch considering the facts of the case to release the amount earlier to the petitioner so that the sale envisaged by her does not fall through.
5. The petition stands allowed and disposed of accordingly.
6. A copy of this order be given dusty to the counsel for the parties under the signature of the Court Master.
