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2017 Supreme(Raj) 548

IN THE HIGH COURT OF RAJASTHAN
SANGEET LODHA, J.
Smt. Lalita W/o Kailash - Petitioner
Versus
Motor Accident Claim Tribunal – Respondent
Civil Writ Petition No. 2507 of 2016
Decided On : 06-01-2017

Headnote:

Motor Vehicle – Compensation Awarded - Order for disbursement of the award amount - Petition against order passed by Motor Accident Claims Tribunal whereby an application preferred by petitioner for premature release of the amount of compensation awarded by MACT, Nagaur vide award dated 22.9.14, stands rejected - Held, It is true that while passing order for disbursement of award amount, Tribunal has to keep in view overall interest of claimants and their family members - While dealing with amount of compensation, need and wishes of claimants are also required to be kept in view inasmuch as, ultimately, amount of compensation belongs to them - In instant case, petitioner is in genuine need of money as according to her she had spent money on her marriage by borrowing money and therefore, there is no reason as to why part of amount kept in fixed deposit, which belongs to petitioner, may not be released prematurely - Considered opinion of this Court, amount of out of amount of kept in FDR in name of petitioner, deserves to be released prematurely – Directions issued - Writ petition is disposed of.

ORDER :

SANGEET LODHA, J.

1. This petition is directed against the order dated 1.10.15 passed by the Motor Accident Claims Tribunal (Addl. District Judge No.1) Nagaur ('MACT, Nagaur'), whereby an application preferred by the petitioner for premature release of the amount of compensation awarded by the MACT, Nagaur vide award dated 22.9.14, stands rejected.

2. This petition was filed on 1.3.16. The matter was listed before the Court on 8.3.16, however, on the request made by the learned counsel appearing for the petitioner, the matter was adjourned. Thereafter, the matter was listed on number of times before the Court, but nobody was present on behalf of the petitioner and therefore, the matter was adjourned.

3. It is to be noticed that in the instant case premature release of the FDR is sought by the petitioner on the ground that she has entered into marriage on 26.1.15 and therefore, she had borrowed amount to meet the expenses of the marriage.

4. It is true that while passing the order for disbursement of the award amount, the Tribunal has to keep in view the overall interest of the claimants and their family members. But then, while dealing with the amount of compensation, the need and wishes of the claimants are also required to be kept in view inasmuch as, ultimately, the amount of compensation belongs to them. In the instant case, the petitioner is in genuine need of the money as according to her she had spent money on her marriage by borrowing the money and therefore, there is no reason as to why the part of amount kept in the fixed deposit, which belongs to the petitioner, may not be released prematurely.

5. Having regard to the facts and circumstances of the case, in the considered opinion of this Court, the amount of Rs.1,00,000/- out of the amount of Rs.2,50,000/- kept in the FDR in the name of the petitioner, deserves to be released prematurely.

6. Accordingly, the writ petition is disposed of with the direction that Rs.1,00,000/- out of the amount Rs.2,50,000/- kept in the fixed deposit in the name of the petitioner pursuant to the order passed by the Motor Accident Claims Tribunal, Nagaur may be prematurely released forthwith.

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