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2023 Supreme(Online)(KAR) 11123

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WP No. 202515 of 2022

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

DATED THIS THE 6TH DAY OF FEBRUARY, 2023

BEFORE

THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO. 202515 OF 2022 (GM-AC)

BETWEEN:

1.

SUMINA W/O SAMEER VELAPURE

@ BABANAGAR,

AGE. 31 YEARS, OCC. HOUSE HOLD WORK,

2.

MAHIMSIDDIKA D/O SAMEER VELAPURE,

AGE. 09 YEARS, OCC. NIL,

R/BY PETITIONER NO.1,

BOTH ARE R/O.BABALESHWAR NAKA,

ALIKHAN BAWADI, VIJAYAPURA-586102.

…PETITIONERS

(BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)

AND:

1.

ARJUN @ ARVIND V. CHOUGLE,

AGE : MAJOR, OCC : OWNER OF EICHER LORRY,

R/O.198, SAMBHAJI NAGAR,

MANGALWAR PETH, KOLHAPUR-416005,

(MAHARASHTRA STATE).

2.

THE BRANCH MANAGER,

THE NEW INDIA ASSURANCE CO. LTD.,

S.S.ROAD, VIJAYAPURA-586101.

3.

SALIM S/O ABDULRAZAK VELAPURE,

AGE : 32 YEARS, OCC. BUSINESS,

Digitally

signed by

SACHIN

Location:

High Court

of Karnataka

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WP No. 202515 of 2022

4.

NURJAHANBI W/O ABDULRAZAK VELAPURE,

AGE : 64 YEARS, OCC : HOUSEHOLD WORK,

5.

RESHMA W/O GULAB MULLA,

AGE : 35 YEARS, OCC : HOUSEHOLD WORK,

ALL ARE R/O. BABALESHWAR NAKA,

ALIKHAN BAWADI, VIJAYAPURA-586102.

…RESPONDENTS

(BY SRI RAHUSL R.ASTURE, ADVOCATE FOR R2)

WRIT PETITION FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE

ORDER DATED 26.08.2022 PASSED IN MVC NO.135/2015 ON

THE FILE OF THE COURT OF THE II ADDL DISTRICT AND

SESSIONS JUDGE VIJAYAPURA AT VIJAYAPURA PASSED ON

APPLICATION FOR RELEASE OF FD AMOUNT BEFORE MATURITY

IS ORDER VIDE AT ANNEXURE- D, IN THE INTEREST OF

JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

This writ petition is filed challenging the order dated

26.08.2022 passed in MVC No.135/2015 on the file of Motor

Accident Claims Tribunal, Vijayapur. The aforementioned

case was disposed of by judgment and award dated

11.01.2016.

The

Tribunal

awarded

a

compensation

of

`10,51,000/- in favour of petitioners No.1, 2 and 4 and

petitioner No.2 being the minor the compensation awarded in

her favour is ordered to be kept in the nationalized bank till she

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attained majority. The Annexure-B would reveal that on

27.04.2016 the amount of `4,61,967/- is kept in fixed deposit

in the name of petitioner No.2 - minor and same will mature on

27.04.2026 and the maturity value is `9,71,216/-.

The mother of the petitioner No.2 i.e., the petitioner

No.1 has filed an application to release the amount of

`4,61,967/- in favour of petitioner No.2. The said application is

rejected by the Tribunal. The petitioner No.2 claimed that the

money is required to set-up a tailoring shop. The Tribunal has

rejected the application on the premise that materials are not

placed to establish the claim made in the application.

This court has perused the records and material

placed before the Court.

This Court has also asked the petitioners to be

present before the Court and the petitioner No.2 was present

along with her mother. Both of them submitted that petiioner

No. is intending to buy a sewing machine to earn livelyhood.

Under the circumstance, this court deems it appropriate that

`75,000/- is to be released in favour of petitioner No.1 on

behalf of petitioner No.2 and the amount shall be released for

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the purpose of purchasing the sewing machine and the income

shall be used for the benefit fo the minor.

Accordingly, the writ petition is allowed in part.

Sd/-

JUDGE

GVP

List No.: 1 Sl No.: 55

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