Jamna Devi vs State Bank Of India ...
2023 Latest Caselaw 2343 Raj

[2023/RJJD/007160]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 1973/2023

Jamna Devi W/o Ashu Ram, Aged About 50 Years, Resident Of
Village     Jaitasar,    Tehsil      Sri     Dungargarh,            District   Bikaner
(Rajasthan).
                                                                        ----Petitioner
                                       Versus
1.        State Bank Of India, Branch Sri Dungargarh Through Its
          Branch Manager, Dist. Bikaner.
2.        Motor Accident Claim Tribunal, Sri Dungargarh (Additional
          District Judge), Dist. Bikaner.
                                                                     ----Respondents


For Petitioner(s)            :     Mr. Moti Singh



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                        Order

20/03/2023

      Learned counsel for the petitioner submits that the petitioner

is filed a claim petition seeking compensation in lieu of injuries

sustained by her in a road accident; the said claim petition, in the

spirit of Lok Adalat, was decided on the basis of compromise on

14.05.2022 whereby the learned Tribunal awarded compensation

to the petitioner to the tune of Rs.9,75,000/-; out of the said

amount, a sum of Rs.5,75,000/- has been deposited as FDR for a

term of three years.

      Learned counsel for the petitioner further submits that the

petitioner is a 50 years old lady and on count of fracture in her,

she is under continuous medical treatment and that the marriage

of her son was solemnized on 25.09.2022. Thus, learned counsel

for the petitioner submits that in the said backdrop, the petitioner


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                                    [2023/RJJD/007160]                    (2 of 2)                            [CW-1973/2023]



                                   by filing the present petition, has prayed for premature release of

                                   the FDR, to the extent of Rs.4,00,000/- only.

                                         Learned counsel for the petitioner refers to the judgment of

                                   Hon'ble Supreme Court in the case of A.V. Padma & Ors. vs. R.

                                   Venugopal & Ors. (Civil Appeal No.1095/2012), decided on

                                   27.01.2012.

                                         After hearing the learned counsel for the petitioner and in

                                   light of the aforementioned precedent law, this Court deems it

                                   appropriate to order premature release of the FDR as prayed for

                                   herein in favour of the petitioner.

                                         Consequently, the writ petition is allowed and while quashing

                                   and     setting   aside   the     impugned          order         dated    06.10.2022

                                   (Annexure-3) passed by the learned Additional District Judge cum

                                   Motor     Accident   Claims      Tribunal,       Sri     Dungargarh          in   MACT

                                   No.17/2020 (Jamna Devi Vs. Rajesh Kumar), the learned Tribunal

                                   is directed to pass an order, directing the respondent-Bank to

                                   release an amount of Rs.4,00,000/- only (out of the amount of

                                   Rs.5,75,000/- kept in FDR) in favour of the petitioner within a

                                   period of one month from the date of receipt of certified copy of

                                   this order, strictly in accordance with law.

                                         All pending applications stand disposed of accordingly.



                                                                   (DR.PUSHPENDRA SINGH BHATI), J.

94-Zeeshan

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