Rajbala @ Bala Devi vs Sombir And Others
2024 Latest Caselaw 19564 P&H

Punjab-Haryana High Court

Rajbala @ Bala Devi vs Sombir And Others on 6 November, 2024

Author: Alka Sarin

Bench: Alka Sarin

                            342
                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                                                                          CR-6408-2023 (O&M)
                                                                          Date of Decision : 06.11.2024

                            Rajbala @ Bala Devi                                            ... Petitioner(s)

                                                               Versus

                            Sombir & Ors                                                 ... Respondent(s)



                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN


                            Present :    Mr. Ravi Malik, Advocate for the petitioner.

                                         Mr. Punit Jain, Advocate for respondent No.2.


                            ALKA SARIN, J. (Oral)

1. The present revision petition has been filed impugning the order

dated 02.08.2023 (Annexure P-3) whereby the application filed by the

petitioner herein for release of the amount deposited in the FDR has been

dismissed.

2. Learned counsel for the petitioner would contend that vide the

award dated 18.08.2022 (Annexure P-1), 50% of the awarded amount was

ordered to be deposited in the shape of an FDR for a period of three years.

However, since the petitioner herein was in dire need of money, she had

filed the application stating that her house was in a dilapidated condition and

the amount was required for reconstruction of the house. The Tribunal vide

the impugned order dated 02.08.2023 (Annexure P-3) dismissed the

application holding that 50% of the awarded amount had already been

released.

integrity of this order/judgment.

CR-6408-2023 (O&M) -2

3. Learned counsel for respondent No.2-Insurance Company has

contended that 50% of the awarded amount has already been released and,

hence no fault can be found with the impugned order passed by the Tribunal.

4. In the present case, the petitioner herein is the mother of the

deceased and though 50% of the awarded amount has already been released

to her, however, the remaining 50% which was directed to be deposited in an

FDR was also required by her for reconstruction of the house. There is no

dispute regarding the fact that the petitioner is the mother of the deceased

and being an adult she is capable of handling the amount. It is the specific

case of the petitioner that she requires the said amount for reconstruction of

the house. It is not the case where the amount which was directed to be

deposited in the name of the minors is being sought to be released and it is

the only amount which was awarded to her that is being sought to be

released.

5. In view of the above, the impugned order dated 02.08.2023

(Annexure P-3) passed by the Tribunal cannot be sustainable in law and the

same is accordingly set aside. 50% of the awarded amount, which is lying

deposited in the FDR, be released to the petitioner forthwith.

6. Disposed off accordingly. Pending applications, if any, also

stand disposed off.

                            06.11.2024                                          ( ALKA SARIN )
                            Yogesh Sharma                                           JUDGE

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

integrity of this order/judgment.