Rajasthan High Court - Jodhpur
Satish Kumar vs Puranmal on 25 March, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4791/2021
Satish Kumar S/o. Shri Puranram, aged about 28 years, R/o.
Ward No.19, Near Electricity Board, Suratgarh, presently at
Kishanpura, Aabadi, Suratgarh, District Sri Ganganagar.
----Petitioner
Versus
1. Puranmal S/o. Shri Babulal R/o. Ward No.19, Suratgarh.
2. Ashok Kumar S/o. Shri Kaeramchand R/o. Ward No.28,
Suratgarh.
3. Chola Mandalam MS General Insurance Company Limited,
Registered Office Dare House, Second Floor, No.2, NSC
Bose Road, Chennai, Tamilnadu.
4. Subhash S/o. Birbal, by caste Meghwal R/o. Ward No.20,
Suratgarh.
----Respondents
For Petitioner(s) : Mr. Aakash Kukkar
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/03/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
The petitioner has preferred this writ petition under Article
226 of the Constitution of India for the following relief :-
"1. By an appropriate writ, order or direction, the impugned
order dated 21.12.2020 (Annex.4) whereby the learned Judge, Motor
Accident Claims Tribunal in MACT Case No.122/2014, Execution
Case No.54/2019 has rejected the application of the petitioner, be set
aside and in consequence thereof the application filed by the
petitioner for withdrawal of the amount deposited in the Fixed
Deposit Account Receipt No.0547117 of Bank of Baroda, Branch
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Suratgarh dated 04.02.2020 (Annex.2) be allowed to be withdrawn
as prayed in the application."
Counsel for the petitioner makes a statement at Bar that
there is no appeal pending against the award dated 27.7.2018
passed by the learned Judge, Motor Accident Claims Tribunal,
Suratgarh, District Sri Ganganagar in MACT Claim Case
No.122/2014 (CIS No.174/2014).
Counsel for the petitioner states that the matter is squarely
covered by the judgment rendered by this Hon'ble Court in the
matter of Salim Khan Vs. The Oriental Insurance Co. Ltd.
(S.B. Civil Writ Petition No.6611/2018) decided on
22.05.2018; which reads as follows :-
"By way of the instant writ petition, the petitioner claimant Salim
Khan has approached this court with a prayer for directing release of the
Fixed Deposit Receipt of Rs.2,14,020/- in his name lying with the Oriental
Bank of Commerce, Suratgarh, District Sri Ganganagar, which was
prepared in furtherance of the award dated 14.07.2015 passed by the
Motor Accident Claims Tribunal, Suratgarh.
Facts in brief are that the petitioner's father Vinod Kumar passed
away in an accident on 09.05.2009. Upon a claim application being filed
by the claimants, learned Motor Accident Claims Tribunal, Suratgarh
awarded a compensation to the tune of Rs.23,70,320/- under the award
dated 14.07.2015. The Single Bench of this court in an appeal preferred
by the respondent modified the compensation amount to Rs.22,30,000/-. In
furtherance of the award, a Fixed Deposit Receipt No.1080044 (A/c
No.05423101000543) for a sum of Rs.2,14,020/- was prepared with the
Oriental Bank of Commerce, Suratgarh Branch in the name of the
petitioner. The petitioner upon gaining majority, filed an application
before the Tribunal for release of the aforesaid FDR for his domestic
needs and to repay the mortgage loan taken by his mother for buying their
house. Learned Tribunal dismissed the application filed by the petitioner
vide order dated 01.05.2018 (Annex.5). Hence, the petitioner has
preferred the instant writ petition with the above prayer.
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Having heard and considered the submissions made by the
petitioner, present in person, and after going through the material
available on record, this court is of the firm opinion that the prayer made
by the petitioner is justified. The petitioner received the claim pursuant to
the death of his father and he needs the amount of compensation for
earning his domestic needs and to repay the house loan and thus, he
deserves the relief claimed for.
Thus, the writ petition deserves to be and is hereby allowed. The impugned
order dated 01.05.2018 (Annex.5) passed by the Motor Accident Claims Tribunal,
Suratgarh is quashed. Learned Tribunal shall forthwith release the Fixed Deposit
Receipt No.1080044 (A/c No.05423101000543) for a sum of Rs.2,14,020/- lying
with the Oriental Bank of Commerce, Suratgarh Branch in the name of the
petitioner after ascertaining his identity. The amount so released shall be credited
into the petitioner's savings bank account."
After hearing learned counsel for the petitioner and perusing
precedent law, this Court deems it appropriate to order release
the FDR in favour of petitioner, for the reasons mentioned in the
petition.
Thus, in light of aforequoted judgment, the present writ
petition deserves to be allowed and it is hereby allowed. The
learned Tribunal shall forthwith release the FDR lying with the
Bank of Baroda, Branch Suratgarh in the name of petitioner after
ascertaining his identity. The amount so released shall be credited
into petitioner's saving bank account.
(DR.PUSHPENDRA SINGH BHATI),J.
C/2 -Sanjay/-
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