Honble VERMA, J.–A claim application was filed before the court of Motor Accident Claim Tribunal, Ajmer claiming certain compensation because of the accident caused on 4.12.1992 while the petitioner was travelling in a Tempo No. RJ 01/P-0397. The claim application was allowed on 20.2.1998 for a total compensation of Rs. 1,10,000/-, the amount of interim relief Rs. 12,000/-was deducted and the re-maining amount Rs. 12,000/-Rs. 98,000/-and the interest thereupon was to be paid to petitioner. The Tribunal had ordered that out of the total amount of award Rs. 30,000/-shall be paid to petitioner and the remaining amount be deposited in Fixed Deposit for three years and five years by dividing the same in two equal half. As per order of the Tribunal the amount of Rs. 65,107/-and 65,108/-was deposited in two fixed deposits for 5 years and 3 years.

(2). The petitioner was to marry her two daughters namely Lalita and Seema, which was fixed in the month of the February, 1999. Her husband is a Class-lV employee. To utilise the amount towards expenses of marriage of her daughters she applied for releasing the amount of fixed deposit. The Tribunal vide order dated 22.1.1999 (Ann.3) has rejected the request of petitioner for releasing the amount of fixed deposits. Being aggrieved, the petitioner has filed the present writ petition with the prayer to quash and set aside the order dated 22.1.1999 and to allow the petitioner to withdraw the amount of fixed deposit for making arrangement of the marriage of her daughters.

(3). It is submitted by counsel for petitioner that none of the respondents have filed any appeal and the award has not been challenged in any court.

(4). Reliance is being placed on the judgment in case of Durga Devi vs. Motor Accident Claims Tribunal, Kurukshetra (1) and Smt. Runna vs. Vth Additional District Judge, Motor Accident Claim Tribunal, Gorakhpur (2) wherein it was held that awarding of compensation to major claimants could not be deposited in fixed deposit without their consent.

(5). In the present case, the petitioner was requiring the amount for the marriage of her daughters. It is not understandable as to what she would do with the savings, by way of fixed deposit, when she is forced to beg or borrow money for solemnising the marriage of her daughters.

(6). For the reason that the amount stood already deposited and the award not been challenged, the writ petition can be decided in limine without issuing any notice to other party, as no other party is interested against the petitioner and the writ petition can be allowed.

(7). The writ petition is allowed with the direction to respective Motor Accident Claim Tribunal, Ajmer and the Bank where the amount of Award stands deposited that in case the petitioner wants to withdraw the amount of fixed deposits, as discussed above, the same shall be released to her without any further delay, along with the interest which might have been accrued to her.

(8). For the reasons mentioned above, the writ petition is allowed and the impugned order dated 22.1.1999 is quashed and set aside.

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