Utkarsh Singh Bhadoriya vs Dhruv Sharma
2023 Latest Caselaw 12245 MP

                                  1
 IN      THE     HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                            BEFORE
              HON'BLE SHRI JUSTICE ANAND PATHAK
                        ON THE 1 st OF AUGUST, 2023
                       MISC. PETITION No. 3914 of 2023

BETWEEN:-
UTKARSH SINGH BHADORIYA S/O SHRI SURENDRA
SINGH BHADORIYA, AGED ABOUT 31 YEARS,
OCCUPATION: PRIVATE JOB VIJAY NAGAR AMKHO
PAHADIYA LASHKAR GWALIOR (MADHYA PRADESH)

                                                               .....PETITIONER
(BY SHRI MAHESH HASWAMI - ADVOCATE)

AND
1.    DHRUV SHARMA S/O SHRI SANTOSH KUMAR
      SHARMA, AGED ABOUT 78 YEARS, JANAKPURI
      SINDHI COLONY LASHKAR GWALIOR (MADHYA
      PRADESH)

2.    DIVISIONAL MANAGER NEW INDIA GENERAL
      INSURANCE CO LTD CITY CENTRE, GWALIOR
      (MADHYA PRADESH)

3.    PRAVEEN KUMAR S/O SHRI SEETARAM, AGED
      ABOUT    30  YEARS, R/O BEHIND MANGAL
      NURSING HOME, CHUNNI KA PURA, POLICE
      STATION PADAV, GWALIOR (MADHYA PRADESH)

                                                            .....RESPONDENTS
(NONE)

      This petition coming on for admission this day, th e court passed the
following:
                                   ORDER

Heard finally.

2. The present petition under Article 227 of the Constitution is preferred by the petitioner as claimant/beneficiary of the award dated 09.01.2023 passed

by the VIII, Motor Accident Claims Tribunal, Gwalior because of the injuries sustained by him due to accident encountered by him. Rs.2,57,308/- in total were deposited by the New India General Insurance Company Ltd. in compliance of the award.

3. Appeal for enhancement of compensation amount is pending consideration by way of M.A.No.3194/2023 before this Court. However, grievance as echoed in the petition is that out of total awarded sum, Rs.1,57,000/- was given to the petitioner then and there and Rs.1,00,000/- has been deposited in the shape of FDR in Nationalized Bank for 5 years. This creates an anomalous situation for the petitioner for the reason that he requires

this deposited money now because he has to revive his life insurance policy which was earlier lapsed due to his accident. Therefore, he has a financial exigency which requires to be addressed through release of amount deposited in FDR. He relied upon the judgment of Apex Court in the case of A.V.Padma and Ors. Vs. R. Venugopal and Ors., 2012 ACJ 698.

4. From the perusal of the order dated 17.05.2023 passed by VIII, MACT, Gwalior, it appears that Court below has not considered the judgment passed in the case of A.V.Padma (Supra) in correct perspective. Petitioner herein is Mechanical Engineer and aged 31 years knowing fully well about his welfare and well being and if he is required additional money to revive the insurance policy then the purpose is just and proper and not to spend the money in some unproductive expenses.

5. Considering the ratio of the judgment as well as the fact situation, impugned order dated 17.05.2023 deserves to be set aside and petitioner is entitled to get the pre-mature release of amount from FDR which is being deposited by the tribunal in pursuance to award dated 09.01.2023.

6. Needful be done within 15 days and after due verification, amount be released accordingly to the petitioner/claimant.

(ANAND PATHAK) JUDGE Ashish*

ASHISH Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA

CHAUR PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d4de 08c6bb9303e52e2e7e728d9bac85bd3, pseudonym=CA2EA6EDDF504F8F9C2790FA9A0F D201D0242B64, serialNumber=A926F3CBF979ECA6A4C477577EE

ASIA DBA3AB4F94593A930B98DAE1B0AD16F90B5FD, cn=ASHISH CHAURASIA Date: 2023.08.02 19:25:07 -07'00'