Punjab-Haryana High Court
Madan Lal And Another vs Ld. Motor Accident Claims ... on 16 November, 2023
2023:PHHC:145994
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR-6802-2023 (O&M)
Date of Decision: November 16, 2023
Madan Lal and another
...Petitioners
Versus
Motor Accident Claims Tribunal Hisar and others
...Respondent
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present: Mr.Kuldeep Singh Siwach, Advocate
for the petitioners.
****
ARCHANA PURI, J.
CM-21130-CII-2023
The present application has been filed for placing on record the
affidavit of Madan Lal dated 15.11.2023 and photographs of the house.
In view of the averments made in the application, same is
allowed and the requisite documents are taken on record.
CR-6802-2023
Challenge in the present revision petition is to the order dated
27.07.2023 (Annexure P-1) passed by learned Motor Accident Claims
Tribunal, whereby, an application filed by the petitioners-claimants for
release of the awarded amount, remaining 75% i.e. Rs.19,37,000/- has been
dismissed.
VINEET GULATI
2023.11.20 10:35
I attest to the accuracy and
authenticity of this document
Chandigarh
2023:PHHC:145994
As culled from the paperbook, claim petition bearing MACP
Case No.12 of 2022, CIS No.MACP/42/2022 was filed by the present
petitioners and others, which was decided vide judgment dated 20.07.2022,
whereby, compensation was granted only to the present petitioners to the
extent of Rs.25,83,600/-. Vide this judgment, the compensation, so awarded
was ordered to be shared equally between the petitioners. However, further
direction was given by learned Tribunal that out of the awarded amount,
25% be paid to the petitioners through their bank accounts and remaining
amount of compensation be deposited in the shape of FDR for three years.
After the expiry of period of three years mentioned above, FDR be released
to the petitioners, after due identification and under intimation to the Court.
However, due to constrained circumstances, faced by the
petitioners, an application for release of amount deposited in the form of
FDR was made by the present petitioner-Madan Lal. However, the said
application was dismissed vide order dated 27.07.2023.
In view of the law laid down by the Hon'ble Supreme Court in
'H.S.Ahameed Hussan vs. Iran Ahammed, 2002(3) RCR (Civil) 563 ',
deposit of compensation in a fixed deposit scheme, was held to be not
proper, in case of the adults and thereupon, in the case under consideration,
the parents of the deceased were directed to be paid their share of
compensation, in cash and also it was held that if the amount was invested
in the form of Fixed Deposits, it has to be withdrawn prematurely.
Besides the same also, it is specific claim of the petitioner-
Madan Lal that he had two sons. He belongs to a poor family and for
VINEET GULATI
2023.11.20 10:35
I attest to the accuracy and
authenticity of this document
Chandigarh
2023:PHHC:145994
marriage of his sons, he has to construct first floor of his house and requires
money for marriage of his sons and construction work. By way of separate
application, affidavit with regard to the contents of the said application, has
also been filed.
In view of the constrained circumstances, so faced by the
petitioners and in view of the ratio of the aforesaid case law, the present
revision petition is hereby accepted and the application for release of
amount, so invested in the form of FDR, as detailed in the application, be
released, in favour of the petitioners, without any further delay.
November 16, 2023 (ARCHANA PURI)
Vgulati JUDGE
Whether speaking/reasoned Yes
Whether reportable Yes/No
VINEET GULATI
2023.11.20 10:35
I attest to the accuracy and
authenticity of this document
Chandigarh
