IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR ORDERS) NO. 13546 of 2016 In FIRST APPEAL NO. 5011 of 2008 ==========================================================

ZULEKHABIBI TAJMOHAMAD PATHAN & 2....Applicant(s)

Versus SUPERINTENDING ENGINEER UKAI CIRCLE (CIVIL) & 2....Respondent(s)

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Appearance:

MR JINESH H KAPADIA, ADVOCATE for the Applicant(s) No. 1 - 3.5 MR. DEVANG DAVE, AGP for the Respondent(s) No. 1 - 3 ==========================================================

CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA Date : 26/12/2016

ORAL ORDER

Heard learned advocate Mr. Jinesh Kapadia for the applicants and learned Assistant Government Pleader Mr. Devang Dave for the respondent authorities.

2. The applicants herein are the original claimants and the heirs of the deceased, who were before the Court of Commissioner for Workmen’s Compensation in capacity of claimants in Workman Compensation Fetal Application No. 1 of 2003. Learned Commissioner for Workmen’s Compensation, by his order dated 25.11.2010 awarded compensation to the tune of Rs. 8,83,933/-. Against the said award of the Commissioner, the First

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3. It is stated in this application that by order dated 26.02.2010 this court disbursed Rs. 1,00,000/- in favour of the applicant No.1, who happens to be the first wife of the deceased. The rest of the amount was directed to be deposited in nationalised bank. It was stated on oath that an amount of Rs. 8,83,933/- came to be deposited in a fixed deposit in the nationalised bank and the same is lying presently with the bank with interest accrued together.

4. Learned advocate for the applicants submits in support of the prayer in this application for permitting further disbursement, that the applicants are in need of amount in view of ensuing occasion of wedding of their daughter, which is to be held on 30.12.2016. An amount of Rs. 4,00,000/- is claimed to be disbursed as per the prayer in this application.

5. Having heard the learned advocate for the parties and having considered the averments and the reason for seeking disbursement of the amount which is the marriage of the daughter of the first applicant, it would be in furtherance of justice that appropriate amount is allowed to be disbursed so that the applicants are able to meet with the marriage and related expenses. The respondents could not dispute the factum of marriage.

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in part. The applicants are allowed to withdraw Rs.

2,50,000/- from the amount of Rs. 8,83,933/- with interest lying in the fixed deposit, as stated. It is directed that the fixed deposit shall be allowed to be broken to the aforesaid extent and the bank shall permit the breaking of fixed deposit to the aforesaid extent. The office of the Commissioner for Workmen’s Compensation shall disburse the amount in favour of the first applicant-Zulekhabibi Tajmohamad Pathan as authorised by and on behalf of all the applicants after completing the due formalities and verification etc.. The rest of the amount shall be re-invested in the same bank in the fixed deposit for a period of three years initially renewable.

7. The application is allowed and disposed of accordingly.

Direct service is permitted.

(N.V.ANJARIA, J.)

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