ORDER :

N.V. Anjaria, J.

Rule. Learned advocate Mr.Maulik Shelat waives service of notice of Rule on behalf of respondent.

1.1 Upon request and consent of learned advocates appearing for the parties, petition has taken up for final consideration.

2. The petitioner is aggrieved by order dated 04th July, 2015 below Exhibit 4 passed by learned Motor Accident Claims Tribunal (Main), Sabarkantha at Himmatnagar in Civil Miscellaneous Application No. 657 of 2015. By the said application, the petitioner prayed before Claims Tribunal to break the Fixed Deposit ordered to be kept by the Tribunal in the name of the petitioner.

3. The petitioner was original claimant who had filed Motor Accident Claim Petition No. 786 of 2011 for compensation for the injuries suffered by the petitioner in a vehicular accident took place on 22nd August, 2008. The Claim Petition was partly allowed by the Motor Accident Claims Tribunal as per its judgment and order dated 25th March, 2015. The petitioner was held entitled to receive compensation of Rs. 01,94,900/- with interest of 9% from the date of petition till realisation. The Tribunal directed that out of the amount awarded, 70% amount shall be invested in fixed deposit with any nationalise bank. As per the said order, two different F.Ds. Being F.D.R. No. 778940 dated 19th May, 2015 for Rs. 01,60,950/- and F.R.D. No. 778774 dated 12th March, 2015 of Rs. 22,640/- were raised with Dena Gujarat Gramin Bank, Modasa Branch.

3.1 It appears that the petitioner wants to go for Haj pilgrimage with his wife and father-in-law, therefore a need for money for that purpose has arisen. It is the case of the petitioner that he has deposited amount of Rs. 02,43,000/- towards first instalment towards Haj Fees. The petitioner stated that he is required to pay further amount also. Having regard to that, application below Exhibit 4 was filed before the Tribunal praying for breaking the fixed deposit and permitting the petitioner to withdraw money. Learned Motor Accident Claims Tribunal rejected the request which has led the petitioner to file the present petition.

4. Heard learned advocate Mr. Harnish Darji for the petitioner as well as learned advocate for respondent No. 1 company.

5. The Motor Accident Claims Tribunal has observed that there are no urgent circumstances which may justify breaking of the fixed deposit and that going to Haj pilgrimage is not a circumstance, for which fixed deposit which is recently raised, could be broken. The view taken by the Motor Accident Claims Tribunal does not stand to reason, more particularly when, money invested in the fixed deposit belongs to the petitioner and when the petitioner is desirous to go for Haj, request for breaking the fixed deposit and releasing money to him for the meeting with expenses for the pilgrimage would be said to be legitimate.

5.1 The petitioner has been given Cover No. GJ-R- 3821-3-0 by the Haj Committee of India. The fact that first instalment of Rs. 02,43,000/- towards Haj Fees has already been paid by the petitioner is not in dispute. It is further stated that cost for undertaking the Haj pilgrimage comes to Rs. 01,71,450/- per person. The petitioner has already spent amount and will be paying further sum of Rs. 02,71,350/- which is the aggregate amount required to be paid per person at Rs. 90,450/- for the petitioner, his wife and father-in-law. Considering the extent of expenses required to be borne by the petitioner for Haj pilgrimage, it would be appropriate if the F.D.Rs. placed in the name of the petitioner out of the compensation awarded to him by the Motor Accident Claims Tribunal is broken and the amount is paid to him so as to enable him to betray Haj expenses.

5.2 Petitioner is within his right to go for Haj with his family members for which he would need money. Two F.Ds. are placed; out of which larger fixed deposit of Rs. 01,60,950/- could be permitted to be broken so that from the said amount, petitioner could meet with the requirement of payment of