Salmaben Sabirhushain Bakroliya vs Papuram Virmaram Meghwal
2021 Latest Caselaw 18275 Guj

      C/SCA/16301/2021                                     ORDER DATED: 09/12/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 16301 of 2021

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                     SALMABEN SABIRHUSHAIN BAKROLIYA
                                  Versus
                       PAPURAM VIRMARAM MEGHWAL
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Appearance:
MR JM BAROT(143) for the Petitioner(s) No. 1,2,3,4,5
for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                                Date : 09/12/2021

                                    ORAL ORDER

1. The present petition is filed under Article 226 of the Constitution of India by the original claimants challenging the order passed by the Motor Accident Claims Tribunal, Sabarkantha at Himmatnagar in MACP No. 201 of 2014 dated 27.09.2021.

2. The brief facts of the present case are as under.

2.1 On 05.03.2014, deceased Sabirhusain was riding in turck bearing registration No.GJ-01-BY-6307 and he wanted to go Santro Tiles factory at Himmatnagar to offload and empty his truck and was standing behind his truck, at that time, opponent No.1 came with driving truck bearing registration No.RJ-07-GA-4569 dashed to the deceased, as a result of which he sustained serious injuries and succumbed in the hospital. Therefore, the petitioners have approached the Motor Accident Claims Tribunal, Sabarkantha at Himmatnagar by way of filing

C/SCA/16301/2021 ORDER DATED: 09/12/2021

MACP No. 201 of 2014 for compensation of Rs. 25,00,000/-.

2.2. After hearing the parties, the Tribunal was pleased to partly allowed the claim petition on 14.10.2019 and awarded compensation to the petitioners worth Rs. 10,78,000/- with 9% interest.

3. The petitioners want to restore and repair their house for that they need money. The present petitioners filed an application being Misc. Civil Application No. 272 of 2021 before the Tribunal for withdrawing pre-mature encashment from the FDR lying in the Indian Bank, Himmatnagar Branch being Fixed Deposit Receipt No. 0848253 for a period of five years.

4. After hearing the parties, the Tribunal has rejected the said application vide judgment and order dated 27.09.2021.

5. Being aggrieved and dissatisfied with the said order, the present petition is filed praying for withdrawing pre-mature encashment.

6. Heard learned advocate appearing on behalf of the petitioners.

7. Learned advocate appearing on behalf of the petitioners has submitted that the Tribunal has erred in holding that in absence of any proof of ownership of Salmaben and the photograph of damaged property are not clear and wrongly rejected the application. It is submitted that petitioner No.1 is really in need of amount for repairing and / or reconstructing the house.

C/SCA/16301/2021 ORDER DATED: 09/12/2021

8. Considering the records and documents annexed along with the present petition and considering the order passed by this Court in Special Civil Application No. 11480 of 2016 and the decision of the Hon'ble Apex Court in the case of A.V. Padma and other Vs. R. Venugopal and others reported in (2012) 3 SCC 378, more particularly in para-5.

9. I am of the view that this petition is required to be allowed. Hence, the petition is allowed. The petitioners are permitted to withdraw the amount of Rs. 1,50,000/- from the FDR lying in the name of the petitioner No.1 - Salmaben Sabirhushain Bakroliya in the Indian Bank, Himmatnagar being Fixed Deposit Receipt No. 0848253. The remaining amount with accrued interest shall be reinvested in the name of the present petitioners in the Nationalized Bank as per their choice. Petitioners shall be entitled to withdraw interest accrued on the invested amount of compensation in FDR quarterly. The Tribunal, Sabarkantha at Himmatnagar is directed to pass appropriate order to that extent and direct the concerned Bank to give pre-mature encashment within a period of fifteen days from the date of receipt of this order. Rule is made absolute to that extent.

(HEMANT M. PRACHCHHAK,J) SALIM/