Rajasthan High Court - Jodhpur
Ogar Ram vs Govind Kumar on 6 July, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2401/2020
1. Ogar Ram S/o Sh. Kaluram Ji, Aged About 63 Years, B/c
Meena, R/o Utvaan Pali And District Pali (Raj.).
2. Wagaram S/o Ogar Ram, Aged About 20 Years, B/c
Meena, R/o Utvaan Pali And District Pali (Raj.).
3. Kundan S/o Ogar Ram, Aged About 18 Years, B/c Meena,
R/o Utvaan Pali And District Pali (Raj.).
4. Raju S/o Ogar Ram, Aged About 16 Years, B/c Meena, R/o
Utvaan Pali And District Pali (Raj.). (Appellant Number 4
Is Minor Through His Natural Father Who Is Also Appellant
Number1, Ogar Ram S/o Sh. Kaluram Ji, Aged About 63
Years, B/c Meena, R/o Utvaan Pali And District Pali (Raj.).
----Petitioners
Versus
1. Govind Kumar S/o Mohanlal, Aged About 26 Years, B/c
Bhaat, R/o Utvaan, Tehsil And District Pali (Raj.).
2. Mangilal S/o Ghewarram, Aged About 50 Years, B/c
Bawari, R/o Utvaan, Tehsil And District Pali (Raj.).
3. United India Insurance Company Limited, Through Branch
Office, Near L.i.c. Building, Mandiya Road, Pali, District
(Raj.).
4. Motor Accident Claim Tribunal, Pali.
----Respondents
For Petitioner(s) : Mr Gajendra Panwar
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
06/07/2021
This writ petition has been filed by the petitioner being
aggrieved with the order dated 18.12.2019 passed by Motor
(2 of 3) [CW-2401/2020]
Accident Claims Tribunal, Pali (for short 'the Tribunal' hereinafter),
whereby the application of the petitioner for premature release of
FDR amount, which was directed to be deposited by the Tribunal in
the claim petition No.147/2016 vide judgment dated 22.10.2018,
has been rejected.
Brief facts of the case are that the petitioner filed a
claim application before the Tribunal seeking compensation with
regard to the death of his son, who died in an accident. The
Tribunal while directing the Insurance Company had awarded a
sum of Rs.6,60,000/- as compensation in favour of the petitioner,
out of the said compensation, an amount of Rs.3,60,000/- was
directed to be deposited in Saving Account of the petitioner and
Rs.1,00,000/- and Rs.2,00,000/- were directed to be deposited in
two FDRs for a period of two years and three years respectively.
Learned counsel for the petitioner has submitted that
the amount of Rs.1,00,000/- deposited in FDR was matured and
the same was withdrawn by the petitioner. It is further submitted
that now the petitioner is in urgent domestic need of money,
therefore, it is prayed that the second FDR of Rs.2,00,000/-,
which is going to be matured on 13.12.2021 may kindly be
ordered to be released prematurely in favour of the petitioner.
Having regard to the facts and circumstances of the
case and the averments made in the writ petition and looking to
the ongoing pandemic situation due to Covid-19, this Court deems
it appropriate to direct for premature release of FDR of
Rs.2,00,000/- in favour of the petitioner.
Hence, this writ petition is allowed. The order dated
18.12.2019 passed by the Tribunal is set aside. The Tribunal is
directed to release the FDR of Rs.2,00,000/- in favour of the
(3 of 3) [CW-2401/2020]
petitioner forthwith. The amount so released shall be credited into
the saving account of the petitioner.
(VIJAY BISHNOI),J
55-masif/-PS
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