Gujarat High Court
Lh Of Late Dhanjibhai Premjibhai ... vs Tata Aig General Insurance Company Ltd on 25 July, 2025
NEUTRAL CITATION
C/SCA/1641/2025 ORDER DATED: 25/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1641 of 2025
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LH OF LATE DHANJIBHAI PREMJIBHAI LALANI, MAHIPATBHAI DHANJIBHAI
LALANI
Versus
TATA AIG GENERAL INSURANCE COMPANY LTD.
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Appearance:
MR PARESH A. PATEL(5456) for the Petitioner(s) No. 1
MR CHIRAYU A MEHTA(3256) for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 25/07/2025
ORAL ORDER
1. Heard Mr. Paresh A. Patel, learned advocate on record for the
petitioner. Learned advocate Mr. Chirayu Mehta has entered his
appearance on behalf of the respondent- Insurance Company.
2. The present petition is filed by the original claimant invoking
the supervisory wit jurisdiction of this Court under Article 226 read
with Article 227 of the Constitution of India, and has prayed for
issuance of appropriate writ of certiorari or any other appropriate writ
or direction to quash and set aside the order dated 08.01.2025 passed
by the Motor Accident Claims Tribunal (Auxi), Limbdi, District-
Surendranagar in MACMA No.4 of 2025 below Exh.1. The prayer is also
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C/SCA/1641/2025 ORDER DATED: 25/07/2025
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made to seek direction against the Tribunal to disburse the amount of
the fixed deposit of an amount of Rs.3,88,153/- in favour of the
present petitioner, which is lying with the bank in the name of the
petitioner.
3. Learned advocate appearing for the petitioner has submitted
that pursuant to the judgment and award passed by the Tribunal, the
original claimants, including the petitioner, were held entitled to total
amount of compensation to the tune of Rs.41,40,196/- with interest.
The Tribunal had apportioned the aforesaid amount to the share of
respective petitioners, whereby the present petitioner, being original
claimant no.3, was held entitled to 10% of the aforesaid award
amount. Further direction was issued by the Tribunal to deposit 70%
of the aforesaid amount in a Nationalized Bank for a period of 5 years.
The amount of Rs.3,88,153/- was deposited with the Allahabad Bank
(which is merged with Indian Bank) on 16.10.2020 for a term period of
5 years.
3.1 Learned advocate has further submitted that the aforesaid fixed
deposit is to mature on 16.10.2025. However, the petitioner was
required to apply for premature release of the aforesaid amount for
construction of his own house on a plot acquired by him in the name
of his mother. The application was moved before the Tribunal seeking
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C/SCA/1641/2025 ORDER DATED: 25/07/2025
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appropriate directions in this regard. However, the Tribunal, vide
impugned order dated 08.01.2025, has not entertained such
application being MACMA No.4 of 2025, on the erroneous ground that
the premature withdrawal of the fixed deposit amount, would not be
in the interest of the applicant.
3.2 Learned advocate for the petitioner has further submitted that,
in fact, the necessary permission from the Authorities has been sought
to construct the house, whereby he has approached the consulting
Civil Engineer, who has also proposed the plan for construction, and
has also given a rough estimate of the expenses, to be incurred for
construction of the house. The aforesaid documents have been placed
for consideration on record. He has, therefore, submitted that as
against the expenses of the construction estimated to the tune of
Rs.7,74,000/-, the petitioner, who is otherwise engaged in a contract-
based job and with a limited source of income, would be required to
borrow the money, which would charge a higher rate of interest, as
against the interest which may be accrued on the amount lying in the
fixed deposit. He has, therefore, urged this Court to quash and set
aside the order assailed, and to grant the release of the aforesaid
fixed deposit amount.
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C/SCA/1641/2025 ORDER DATED: 25/07/2025
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4. Learned advocate Mr. Chirayu Mehta appearing for the
Insurance Company has requested this Court to pass appropriate
orders, in the facts and circumstances of the case.
5. Considering the aforesaid submissions of the learned advocates
appearing for the respective parties and having perused the
documents placed for consideration in light of the submissions made
by the learned advocate for the petitioner, the Tribunal has mainly
considered the fact that the fixed deposit amount is likely to get
mature in the short period by the month of October-2025. Considering
the aforesaid fact, the Tribunal has considered the interest of the
claimant, as the premature withdrawal of the amount may lead to loss
of interest.
6. Having noted the aforesaid facts, in the opinion of this Court, no
error can be found with the approach of the Tribunal in securing the
interest of the claimant. However, at the same time, considering the
realities, as pointed out by the learned advocate for the petitioner and
noticing the fact that the petitioner is engaged in a salaried job on a
contract basis, and looking to the fact that the plot has been
purchased in the name of his mother and he intends to construct the
property over the same, the further examination of the application
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C/SCA/1641/2025 ORDER DATED: 25/07/2025
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suggest that the petitioner is residing in a rental house. This Court is
inclined to exercise its discretion in the facts and circumstances of the
case.
7. Hence, the order dated 08.01.2025 passed by the Motor
Accident Claims Tribunal (Auxi), Limbdi, District- Surendranagar in
MACMA No.4 of 2025 below Exh.1, is hereby quashed and set aside.
The prayer of the petitioner to seek premature release of the fixed
deposit receipt, is hereby allowed. The Tribunal is directed to permit
the petitioner to withdraw the aforesaid amount lying in the fixed
deposit receipt.
8. With these observations, the present petition stands disposed
of. Direct service, as prayed for, is permitted.
(NISHA M. THAKORE,J)
SUYASH SRIVASTAVA
