[2025:RJ-JP:44406]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11349/2025 Dileep S/o Shri Chhagan Lal, Aged About 25 Years, R/o Village Saatal Khedi, District Kota (Raj.)

----Petitioner Versus

1. Chola Mandalam Ms General Insurance Company Limited, Through Manager, Divisional Office, Unit No. 704-707, 7Th Floor, Signature Tower, Dc-2, Lal Kothi, In Front Of Nehru Baal Udhyaan, Tonk Road, District Jaipur. (Raj) (Vehicle Insurance Company (Mahindra And Mahindra Company) Vehicle Registration No. RJ-08-GA-6585).

2. Naresh Kahaar S/o Shri Ramprasad Kahaar, R/o Kiro Ka Jhopda, Village Dablaana, Tehsil Hindoli, District Bundi (Raj.) (Vehicle Driver, Truck (Mahindra And Mahindra Company) Vehicle Registration No. RJ-08-GA-6585)

3. Bablu Meena S/o Shri Devi Lal, Aged About 35 Years, R/o Near Kanchi Ghaati, Hindoli, District Bundi. (Raj.) (Vehicle Owner, Truck (Mahindra And Mahindra Company) Vehicle Registration No. RJ-08-GA-6585)

----Respondents For Petitioner(s) : Mr. Ram Singh Rathore, Adv.

For Respondent(s) : Mr. Prijwal Kumar, Adv. for Mr. Virendra Agrawal, 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 humbly and respectfully prayed that:-

i. the present writ petition may kindly be accept and allow and the Order dated 29.04.2025 (Annexure-4) passed by the Court of Motor Accident Claims Tribunal, No. 1, Kota Case No. 132/2024, Titled-Dileep Versus Naresh Kahaar & Ors. may kindly be quashed and set aside and further may kindly be ordered for disbursement of the amount kept in the FDR in the name of the petitioner- claimant by way of an appropriate writ or orders;

ii. be direct the concerned Tribunal/Bank, to release/deposit pre-matured amount lying in the FDR amounting Rs.6,50,000/- in the name of the present petitioner-claimant's saving account.

iii. issue any other appropriate writ, order or direction as deems just and proper in the facts and circumstances of the case, in favour of the petitioner.

iv. cost of the present writ petition may also be awarded in favour of the petitioner-

claimant."

2. Learned counsel for the petitioner makes a statement at bar that the Insurance Company has not filed any appeal against the award dated 30.09.2024 passed by learned Motor Accident Claims Tribunal No.1, Kota (hereinafter referred to as the learned 'Tribunal'). Learned counsel for the petitioner submits that the matter was disposed of, by way of compromise before the National Lok Adalat, whereby, an award of Rs.14,00,000/- was awarded in favour of the petitioner. Learned counsel also submits that the petitioner was given Rs.7,50,000/- in cash along with the interest and Rs.6,50,000/- were ordered to be kept in FDR for a period of five years. Learned counsel contends that the petitioner is a major young person of 25 years of age; whose left leg was amputated in a road accident and thereby sustained 85% of permanent disability. Learned counsel further contends that the petitioner moved an application before the learned Tribunal to release the pre-matured amount kept in the FDR in order to use that amount to construct a shop for his earnings and start his livelihood. However, the learned Tribunal dismissed the application vide impugned order dated 29.04.2025, therefore, the present petition be allowed.

3. Learned counsel for the petitioner further 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

4. Learned counsel for the respondent-Insurance Company opposes the contentions made by learned counsel for the petitioner.

5. Heard learned counsel for the parties 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-c