[2025:RJ-JP:44407]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14020/2023

1. Santu S/o Prasadi Lal, Aged About 50 Years, Resident Of Neemucahna, Tehsil Bansur, District Alwar, Rajasthan.

2. Yashwant Kumar Verma S/o Santu, Aged About 25 Years, Resident Of Neemucahna, Tehsil Bansur, District Alwar, Rajasthan.

3. Mukesh Dumoliya S/o Santu, Aged About 21 Years, Resident Of Neemucahna, Tehsil Bansur, District Alwar, Rajasthan.

----Petitioners Versus

1. Balwant Singh S/o Sadhu Ram, Resident Of Babriya, Police Station Harsora, Tehsil Bansur, District Alwar, Rajasthan. (Driver/owner Of Vehicle Motor Cycle No.

RJ-02-US-0930).

2. National Insurance Company Ltd., Through Branch Manager, 61, Aerodrum Road, Alwar, Rajasthan. (Insurer Of Vehicle Motor Cycle No. RJ-02-US-0930).

----Respondents For Petitioner(s) : Mr. Yenu Satyam, Adv. on behalf of Mr. Jai Kishan Yogi, Adv.

For Respondent(s) : Ms. Sangita Sai, Adv. for Insurance Company HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

04/11/2025

1. This petition has been filed seeking following relief:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may most graciously be pleased to accept and allow the writ petition and further be pleased to:

(i) issue an appropriate writ, order or direction in the nature thereof, thereby quash and set aside the impugned order dated 02.05.2023 passed by Motor Accident Claims Tribunal, Bansur, District Alwar in claim petition No. 85/2020;

(ii) issue an appropriate writ, order or direction in the nature thereof thereby directing the learned Motor Accident Claims Tribunal Bansur, District Alwar for premature release of payment of FDRs in favour of petitioners by allowing the Application dated 04.02.2022 filed by the petitioners;

(iii) pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioners. "

2. Learned counsel for the petitioners makes a statement at bar that the respondent No.2-Insurance Company has not filed any appeal against the award dated 12.02.2021 passed by learned Motor Accident Claims Tribunal Bansur, District Alwar (hereinafter referred to as the learned 'Tribunal'). Learned counsel for the petitioners submits that due to death of wife of petitioner No.1 and mother of petitioner Nos. 2 & 3 in a road accident, a claim pe- tition was filed before the learned Tribunal, which was disposed of through National Lok Adalat, whereby, an award of Rs.8,50,000/- was passed in favour of the petitioners. As per the said award, petitioner No.1 was given Rs.2,00,000/- in cash along with the interest and FDR of Rs.2,00,000/- for a period of ten years, whereas, FDRs of Rs.2,25,000/- each were directed to be kept for a period of five years in favour of petitioner Nos. 2 & 3.

3. Learned counsel for the petitioners further submits that to meet the expenses for marriage of petitioner Nos. 2 & 3, they moved an application for premature release of the said FDRs, however, vide the impugned order dated 02.05.2023, the application for premature release of FDRs was dismissed by learned Tribunal. Therefore, learned counsel for the petitioners prays that the present petition be allowed and the amount of FDRs in favour of the petitioners be ordered to be released prematurely. 4. Learned counsel for the petitioners also submits that the matter is squarely covered by the judgment passed by the Principal Seat at Jodhpur in the case of Salim Khan Vs. The Oriental Insurance Co. Ltd. (S.B. Civil Writ Petition No.6611/2018) decided on 22.05.2018

5. Learned counsel for the respondent No.2-Insurance Company vehemently opposes the contentions made by learned counsel for the petitioners.

6. Heard learned counsel for the parties and perused the material available on record.

7. The Principal Seat at Jodhpur in the case of Salim Khan (supra) held as follows:-

"By way of the instant writ petition, the petitioner-claimant Salim Khan has approached this court wi