Punjab-Haryana High Court
Kirpa Devi vs Motor Accident Claims Tribunal ... on 22 March, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
262 CR No.6165 of 2019
Date of Decision : 22.03.2022
Kirpa Devi ....Petitioner
VERSUS
Motor Accident Claims Tribunal, Gurugram & Anr. ....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Sandeep Siwach, Advocate for
Mr. Ashish Gupta, Advocate for the petitioner.
ALKA SARIN, J. (Oral)
Heard through video conferencing.
This is a civil revision under Article 227 of the Constitution of
India for setting aside the order dated 30.07.2019 (Annexure P-1) passed by
the Motor Accident Claims Tribunal, Gurugram (for short the 'Tribunal')
whereby the application filed by the petitioner for withdrawal of the amount
lying in fixed deposit with respondent no.2 - Baroda Rajasthan Kshetriya
Gramin Bank, Alwar, District Alwar (Rajasthan) - has been dismissed.
Learned counsel for the petitioner would contend that the
Tribunal while passing the award in favour of the petitioner and her minor
children on 14.11.2018 had directed that the amount of compensation
awarded to the petitioner herein i.e. 8,38,000/- with accrued interest be paid
to the petitioner by depositing 50% thereof in her bank account in the shape
of FDR for a period of five years. He would further contend that the said
amount is required by the petitioner for construction of her house. He has
relied upon judgment of Hon'ble Supreme Court in H.S. Ahammed Hussain
JITENDER KUMAR
2022.03.23 10:40
I attest to the accuracy and
authenticity of this document.
Chandigarh
vs. Irfan Ahammed, [2002 (3) RCR (Civil) 563] to contend that in the case
of an adult it would not be appropriate to direct the deposit of the amount of
compensation in a fixed deposit.
I have heard learned counsel for the petitioner.
In the present case the petitioner is the wife of the deceased who
is wanting the release of the amount which has been deposited in FDR on
the direction of the Tribunal qua her share. She has not made any prayer qua
the amounts which have been deposited in the name of minor children. It has
further been contended that the petitioner requires the amount for
construction of her house and in support of his contention learned counsel
for the petitioner has relied upon judgment of Hon'ble Supreme Court in
H.S. Ahammed Hussain vs. Irfan Ahammed's case (supra) wherein it has
been held as under :
"8. Learned counsel for the appellant lastly submitted
that the amount of compensation payable to mothers of
the victims should not have been directed to be kept in
fixed deposit in a nationalised bank. In the facts and
circumstances of the present case, we are of the view
that the amount of compensation awarded in favour of
the mothers should not be kept in fixed deposit in a
nationalised bank. In case the amounts have not been
already invested, the same shall be paid to the mothers,
but if, however, invested by depositing the same in fixed
deposit in a nationalised bank, there may be its
premature withdrawal in case the parties so intend."
JITENDER KUMAR
2022.03.23 10:40
I attest to the accuracy and
authenticity of this document.
Chandigarh
Keeping in view the law laid down in the above referred case as
well as the fact that the petitioner is a major and also has minor children to
look after, the present petition is allowed. The order dated 30.07.2019 passed
by the Tribunal is set aside. The amount of compensation qua the share of
the petitioner lying deposited in the shape of FDR be released to the
petitioner forthwith.
Disposed off in the above terms.
( ALKA SARIN )
JUDGE
22nd March, 2022
jk
NOTE : Whether speaking/non-speaking : Speaking
Whether reportable : YES/NO
JITENDER KUMAR
2022.03.23 10:40
I attest to the accuracy and
authenticity of this document.
Chandigarh
