Madhya Pradesh High Court
Smt Reena vs Shambhu Dayal Kushwah on 8 May, 2023
Author: Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
ON THE 8th OF MAY, 2023
CIVIL REVISION NO. 320 OF 2023
BETWEEN:-
1. SMT. REENA W/O LATE SHRI GIRJA
SHANKAR SHARMA, AGE 30 YEARS
2. SMT. MITHLESH W/O SHRI BRIJKISHORE
SHARMA, AGE 50 YEARS,
3. BRIJKISHOR SHARMA S/O SHRI
RAMJILAL SHARMA, AGE 52 YEARS
4. SHYAMSUNDAR SHARMA S/O SHRI
BRIJKISHOR SHARMA, AGE 25 YEARS,
5. KUMARI RADHIKA S/O LATE SHRI
GIRJSHANKAR SHARMA, AGE 11 YEARS,
MINOR THROUGH GUARDIAN MOTHER
SMT. REENA
ALL R/O JAIL ROAD, MEHGAON,
DISTRICT BHIND (MADHYA PRADESH),
PRESENT ADDRESS INDORE (MADHYA
PRADESH)
........PETITIONERS
(BY MS. MEENA SINGHAL - ADVOCATE)
AND
1. SHAMBHU DAYAL KUSHWAH S/O SHRI
RAMAUTAR KUSHWAH, R/O MORENA
ROAD KHERIYA TAUR, THANA
MEHGAON, DISTRICT BHIND (MADHYA
PRADESH)
2. HARIMOHAN SHIVHARE S/O SITARAM
2
SHIVHARE, R/O GANDHI ROAD,
MEHGAON, DISTRICT BHIND (MADHYA
PRADESH)
3. THE NEW INDIA ASSURANCE COMPANY
LIMITED THROUGH DIVISIONAL
MANAGER MANDAL KARALAYA, CITY
CENTER, THANA UNIVERSITY, GWALIOR,
DISTRICT GWALIOR (MADHYA
PRADESH)
........RESPONDENTS
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This revision coming on for admission this day, the court passed
the following:
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ORDER
This civil revision under Section 115 of Code of Civil Procedure
(in short "CPC") has been preferred against the order dated 11.04.2023
passed by Member, First Motor Accident Claims Tribunal, Gwalior in
MACC No.43/2013 and 44/2013, whereby petitioners' No. 1, 2 and 5
application for premature release of the amount deposited in FDR was
rejected.
Brief facts giving rise to this revision are that petitioners No. 1, 2
and 5 are wife, mother and daughter of the deceased Girjashankar, who
along with other petitioners filed Motor Accident Claim Cases bearing
Claim Case Nos.43/2013 and 44/2013 before the Member, First Motor
Accident Claims Tribunal, Gwalior, wherein vide order dated
06.01.2014, an award has been passed in favour of the petitioners No. 1,
2 and 5. Being aggrieved by the said Award, the petitioners filed
miscellaneous appeals bearing M.A. Nos.308/2014 and 309/2014 before
this Court for enhancement of compensation amount, which were
allowed by this Court vide order dated 26.07.2022 and total
compensation amount of Rs.26,80,097/- has been awarded in favour of
the petitioners with a direction to deposit certain amount in the shape of
FDR. Thereafter, the petitioners filed an application before the Member,
First Motor Accident Claims Tribunal, Gwalior for release of the
aforesaid amount for purchasing of a plot situated at village Balyakhedi,
Tahsil and District Indore and they have paid Rs.12,00,000/- in advance
and rest of the amount is required to be paid. Along with aforesaid
application, copy of agreement to sale was also filed and the Motor
Accident Claims Tribunal rejected the said application vide order dated
11.04.2023. Being aggrieved thereof, this revision has been preferred.
Learned counsel for the petitioners submits that petitioners are
poor person and after the death of deceased Girjashankar, petitioners
No. 1, 2 and 5, i.e., his wife, mother and daughter respectively have no
livelihood and they are living in a rented house, therefore, an agreement
to sale for purchasing of a plot has been executed for constructing a
house, accordingly, the petitioners filed an application along with copy
of agreement to sale for release of compensation amount deposited in
FDR. Learned Motor Accident Claims Tribunal without considering the
requirement of the petitioners and without considering the averments
made in the application, rejected the said application. Learned counsel
further submits that the petitioners have right over the money which has
been awarded to them and if the amount is not made available, when it
is required, they would not be in a position to purchase the plot and
construct the house. In support of his contention, learned counsel for the
petitioners placed reliance on the judgment passed by the Supreme
Court in the case of A.V. Padma and others Vs. R.Venugopal and
others reported in 2012 ACJ 698, and the judgment passed by the
Rajasthan High Court in the case of Vimal and another Vs. Judge,
Accidental Claims Tribunal, Churu reported in 2017 (3) T.A.C. 425
(Raj.) and the judgment passed in case case of Magnivai Vs. Suresh
reported in 2000 (2) JLJ 417.
Heard the learned counsel for the petitioners.
Taking into consideration the requirement of the petitioners and
also considering the facts and circumstances of the case, the petitioners
No. 1 and 2 be allowed to encash the FDRs which are lying in their
names subject to submission of the original agreement to sale of the
plot, but since the petitioner No. 5 is a minor, therefore, prayer made by
the petitioners with regard to petitioner No. 5 seems not acceptable,
hence, the same is rejected.
Accordingly, the order dated 11.04.2023 passed by Member, First
Motor Accident Claims Tribunal, Gwalior is set aside so far it relates to
the petitioners No. 1 and 2.
Petitioners No. 1 and 2 are directed to submit copy of registered
sale deed executed in their favour within two months from the date of
release of the FDRs. If the petitioners fail to submit the same within the
aforesaid period, then this order shall automatically lose its effect.
With the aforesaid, this revision is partly allowed.
A copy of this order be sent to the concerned Motor Accident
Claims Tribunal for necessary information and compliance.
(SATYENDRA KUMAR SINGH)
JUDGE
Abhi
Digitally signed by
ABHISHEK CHATURVEDI
Date: 2023.05.09
11:57:57 +05'30'
