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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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