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NUPUR BHATI
Kavita – Appellant
Versus
Motor Accident Claims Tribunal – Respondent
ORDER :
(Nupur Bhati, J.)
The present writ petition has been preferred by the petitioner under Article 226 of the Constitution of India with the following prayers:-
(b) that this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order, or direction directing the respondent Tribunal to accept the application for premature withdrawal of the amount lying in the Fixed Deposit account in the bank and process it in accordance with the applicable laws.
(c) That this Hon'ble Court may be pleased to declare the rejection of the application for premature withdrawal as illegal, arbitrary, and in violation of the fundamental rights guaranteed under the Constitution.
(d) That this Hon'ble Court may be pleased to pass any other order or direction as deemed fit and necessary in the interest of justice.
(e) That the respondent may be directed to pay the costs of the present petition."
2. The factual matrix of the case is that the petitioner prefers a claim petition on account of untimely death of Shr
The court upheld the right to livelihood, allowing premature withdrawal of fixed deposit funds due to the petitioners' financial hardship.
Judicial discretion must prioritize genuine financial needs of claimants in compensation matters, allowing for decisions that support educational and personal necessities as per individualized circum....
The failure of authorities to renew a Fixed Deposit Receipt for a minor claimant led to significant loss of interest, establishing the duty to ensure proper management of judicial awards.
The court emphasized the need for thoughtful consideration of the genuine requirements of the claimant and avoidance of a mechanical approach, especially in the case of literate persons, when decidin....
The court emphasized the importance of lawful and compassionate handling of compensation disbursement, considering the claimant's circumstances and needs.
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