[2025:RJ-JP:44408]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7087/2025

1. Pooranmal Sharma Son Of Shri Rameshwar Prasad Sharma, Aged About 46 Years, Resident Of Ward No. -8, Tiwari Mohalla, Tevdi, Tehsil Virat Nagar, Jaipur.

2. Smt. Shakuntala Wife Of Shri Pooranmal, Aged About 42 Years, Resident Of Ward No. -8, Tiwari Mohalla, Tevdi, Tehsil Virat Nagar, Jaipur.

----Petitioners Versus

1. Girraj Jat Son Of Shri Narayan Jat, Resident Of Padampura, Tehsil And District Chaksu, District Jaipur.

(Driver Of Vehicle Roadway Bus No. RJ-27-PA- 5647)

2. Rajasthan State Road Transport Corporation Limited, Through Chief Manager, Office Parivahan Marg, Chomu House, C-Scheme, Jaipur. (Registered Owner Of Vehicle Roadway Bus No. RJ-27-PA- 5647)

----Respondents For Petitioner(s) : Mr. Bhanu Prakash Verma, Adv.

For Respondent(s) : -

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

04/11/2025

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

"It is, therefore, prayed that your Lordships may graciously be pleased to accept and allow this writ petition and the impugned order dated 11.03.2025 passed by Rajasthan State Co-operative Tribunal and Motor Accident Claims Tribunal No. 01 Jaipur Metropolitan by which application filed by the applicant- petitioners for pre mature payment of 3 F.D.R. No. 0786187, 0786188 and 0786189, deposited in Indian Bank, amount Rs. 6,00,000/- in the name of both the petitioners jointly in the matter has been rejected be quashed and set aside and further the learned Tribunal be directed to pay the above FDRs amount of applicant-petitioners in the larger interest of justice.

Any other order or directions which this Hon'ble Court deem just and proper in the facts and circumstances of the case may also kindly be passed in favour of the petitioners. "

2. Learned counsel for the petitioners makes a statement at bar that the Insurance Company has not filed any appeal against the award dated 22.03.2024 passed by learned Motor Accident Claims Tribunal Jaipur Metropolitan First, Jaipur (hereinafter referred to as the learned 'Tribunal'). Learned counsel for the petitioners submits that due to death of son of the petitioners in a road accident, a claim petition was filed before the learned Tribunal, which was allowed in favour of the petitioners vide order dated 22.03.2024 passed by the learned Tribunal, whereby, the award of Rs.13,62,000/- was passed in favour of the petitioners. As per the said award, petitioners were given Rs.7,62,840/- in cash along with the interest and three FDRs of Rs.2,00,000/- each were ordered to be kept for the period of 3 years, 5 years and 7 years respectively, in favour of the petitioners.

3. Learned counsel for the petitioners further submits that to meet the expenses for marriage of another son of the petitioners, they moved an application for premature release of the said FDRs, however, vide the impugned order dated 11.03.2025, the application for premature release of FDRs was dismissed by learned Tribunal. Learned counsel prays that the petitioners are in need of the entire amount kept in the FDRs, therefore, this petition be allowed and the amount kept in the 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. Heard learned counsel for the petitioners and perused the material available on record.

6. 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 with a prayer for directing release of the Fixed Deposit Receipt of Rs.2,14,020/- in his name lying with the Oriental Bank of Commerce, Suratgarh, District Sri Ganganagar, which was prepared in furtherance of th