AO/124/2021
2023 Latest Caselaw 1881 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  AO No. 124 of 2021
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Narendra Bali, counsel for the appellant.

2. None is present for the respondents.

3. Present appeal has been preferred against the judgment and award dated 21.01.2021 passed by M.A.C.T./2nd Additional District & Sessions Judge, Haridwar in M.A.C.P. No. 56 of 2017.

of 2023) has been filed by the appellant/applicant to withdraw the remaining amount of ` 6,00,000/-.

5. Counsel for the appellant would submit that out of the awarded amount of ` 16,74,790/-, five FDRs of ` 1,00,000/- each were directed to be created and rest of the amount with interest was directed to be released in favour of the appellant; that, out of this, appellant has received six instalments of ` 1,00,000/- each. Counsel for the appellant would further submit out of the awarded amount of ` 16,74,790/-, ` 12,00,000/- have already been released in favour of the appellant; that, the appellant is still undergoing treatment and he needs some money, therefore, the remaining amount may be permitted to be withdrawn.

6. As per the submission of the counsel for the appellant/applicant, the appellant needs money for treatment, however, he could not place any documents along with application suggesting that the appellant is still undergoing any treatment and it is specifically stated in the disability certificate that the appellant is 85% disabled then for which treatment he is still undergoing and out of the total compensation awarded amount, the appellant/applicant has already withdrawn more than half of the amount, as the age of the appellant is only 36 years and he has considerable life ahead with 85% disability.

7. In the interest of the appellant/applicant, it would not be appropriate to release the remaining whole amount in his favour in one go for unsubstantiated need of the treatment and leaving him in a lurch in future when he would really need money for his survival.

8. The Money Withdrawal Application (IA No. 02 of 2023) is rejected accordingly.

9. List this matter on 19.10.2023.

(Vivek Bharti Sharma, J.) 20.07.2023 Akash