Gujarat High Court
Parmar Tejalben Dhulsinh @ Parmar ... vs Na on 22 September, 2023
Bench: Gita Gopi
NEUTRAL CITATION
C/SCA/16618/2023 ORDER DATED: 22/09/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16618 of 2023
================================================================
PARMAR TEJALBEN DHULSINH @ PARMAR TEJALBEN PRAVINSINH
Versus
NA
================================================================
Appearance:
MR NIRAD D BUCH(4000) for the Petitioner(s) No. 1,2,3
for the Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 22/09/2023
ORAL ORDER
1. By way of this petition, a prayer is made to quash
and set aside the order dated 15.06.2023 passed by
the learned Motor Accident Claims Tribunal (Main),
Arvalli at Modasa in Civil Miscellaneous Application
No.225 of 2023 and grant permission to the
petitioners to withdraw the Fixed Deposit Receipt
(FDR) No.0026867 lying in the name of the mother of
the petitioners (Naynaben Dhulaji Parmar) before its
actual maturity on 07.08.2024.
2. Heard learned Advocate Mr. Nirad D. Buch for the
petitioners, who submits that M.A.C.P. No.568 of
2015 which was originally listed as M.A.C.P. No.755
NEUTRAL CITATION
C/SCA/16618/2023 ORDER DATED: 22/09/2023
undefined
of 2009 was decided on 02.02.2019, the mother after
a long treatment of cancer, expired on 26.04.2022. It
is further submitted that a prayer was made for
premature withdrawal of the amount from the FDR
No.0026867, lying in the name of the mother with
the Baroda Gujarat Gramin Bank, Modasa Branch
valued @ Rs.2,25,492/- alongwith interest accrued
thereon, as the petitioner No.3 was getting married
on 26.01.2023 and all the petitioners had to
undertake the various expenses for the marriage and
outstanding dues to the extent of Rs.4,00,000/- were
to be paid. C.M.A. No.225 of 2023 for premature
withdrawal of the said amount, was moved.
3. Learned Advocate for the petitioners also submitted
that the above C.M.A. No.225 of 2023 came to be
rejected observing that if the legal heirs want to
claim the Fixed Deposit before its maturity, the
nominee or legal heirs can request for the premature
withdrawal of the funds before the concerned Bank
after submitting required documents as asked by the
concerned Bank. It is further submitted that the
record itself proves that the petitioners are the heirs
of the deceased mother when the main Claim Petition
NEUTRAL CITATION
C/SCA/16618/2023 ORDER DATED: 22/09/2023
undefined
was filed on the death of the father. More so, the
pedigree was also placed on record with the Death
Certificate and Aadhar Card which would itself prove
that the petitioners were the legal heirs. It is
further submitted that there was no dispute between
the petitioners of being the legal heirs of the
deceased, the pedigree and the judgment and award
of the learned Tribunal and the cause title itself
proves the right of the petitioners on the amount
which is the name of their mother, being the
children. It was therefore, prayed this petition may
be allowed.
4. Heard learned Advocate for the petitioners, perused
the records of the case. Since the amount as stated
above has been deposited by the order of the learned
Court/Tribunal in the FDR, which was the
compensation amount granted as per the judgment
and award of the learned Tribunal, the permission of
the Court would be incumbent, and the petitioners
had rightly approached the learned Tribunal making a
prayer permitting them for premature withdrawal of
the compensation amount. The fact of marriage of
the petitioner No.3 was also proved hence, the
NEUTRAL CITATION
C/SCA/16618/2023 ORDER DATED: 22/09/2023
undefined
learned Tribunal ought to have granted permission for
release of the above amount.
5. The observation of directing the petitioners to claim
the money from the Bank would be bad and onerous
as there is no dispute regarding the heirs of the
deceased mother, since there were on record as the
M.A.C.P. was on the death of the father. The
amount in FDR is put on the order of the Court. Had
it not been, the amount apportioned, it would have
been received since long by the mother. The
petitioners would not have been dragged to Court to
seek permission, when the learned Tribunal does not
find any dispute regarding the legal heirs of the
deceased mother, who was on there on record before
the learned Tribunal during the trial, such direction
would make the petitioners run for another litigation
when they are not facing any dispute inter-se.
6. In view of the aforesaid discussion, the petition
succeeds. The order dated 15.06.2023 passed by the
learned Motor Accident Claims Tribunal (Main),
Arvalli at Modasa in Civil Miscellaneous Application
No.225 of 2023 is quashed and set aside. It is
NEUTRAL CITATION
C/SCA/16618/2023 ORDER DATED: 22/09/2023
undefined
directed that the compensation amount qua the FDR
lying in the name of the mother (since deceased) as
stated above, be released in equal proportion to all
the three petitioners herein. The concerned Bank in
which the FDR is lying is directed to pay the
compensation amount accordingly.
7. Direct Service is permitted.
Sd/-
(GITA GOPI, J)
CAROLINE
