[2026:RJ-JP:7390]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13423/2023 Prabhdeep Kaur Wife Of Late Dr. Arvinder Pal Singh, Aged About 60 Years, Resident Of Tara Mahindra Hospital, Bharatpur Presently Residing At Mohalla Diwana, Sultanpur Lodhi, District Kapurtala, Punjab.

----Petitioner Versus

1. Jagjeet Singh Son Of Ajmer Singh, Resident Of Village Maharaj Patti, Tehsil Rampura Phool, District Bhatinda, Punjab. (Owner)

2. Pal Singh Son Of Shri Gurudev Singh, Resident Of Village Lahira Mohabbat, Thana Rampura Phool, District Bhatinda, Punjab. (Driver).

3. The New India Insurance Company Limited, Through Its Branch Manager, The New India Insurance Co. Ltd., Amardeep Complex, New Mandi, Station Road, Bharatpur.

(Insurer).

4. Guneet Kaur Daughter Of Late Shri Dr. Arvinder Pal Singh, Aged About 33 Years, Resident Of Tara Mahindra Hospital, Bharatpur Presently Residing At Mohalla Diwana, Sultanpur Lodhi, District Kapurtala, Punjab.

5. Harneet Son Of Late Dr. Arvinder Pal Singh, Aged About

27 Years, Resident Of Tara Mahindra Hospital, Bharatpur Presently Residing At Mohalla Diwana, Sultanpur Lodhi, District Kapurtala, Punjab.

6. Pritpal Kaur Wife Of Late Shri Jogendra Singh, Aged About

79 Years, Resident Of House No 786, Gali No 1, Purana Suraj Nagri, Abohar, Fazilka, District Fazilka, Punjab.

----Respondents For Petitioner(s) : Mr. Mohit Khandelwal For Respondent(s) : Mr. Lokesh Parihar HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

16/02/2026

1. This writ petition is filed by the petitioner with a challenge to order dated 13.01.2023, passed by the Motor Accident Claims Tribunal (MACT), Bharatpur on an application filed by the petitioner for premature encashment of all the FDRs in compliance of the award passed by the MACT on 05.12.2020 in Claim Petition No. 197/17.

2. Learned counsel for the petitioner submits that the petitioner requires the money for construction/purchase of the house. He further submits that though the MACT has allowed premature encashment of 4 FDRs of amount of Rs.8,69,973/-, but the same is not sufficient for purchase/construction of the house, therefore, the petitioner may be allowed premature encashment of all the FDRs amounting Rs.86,99,730/- alongwith applicable interest. Counsel for the petitioner relied upon the order dated

19.09.2025, passed by the Coordinate Bench of this Court in S.B. Civil Writ Petition No. 12908/2025; Smt. Mamta & Anr. Vs. Sanjeev & Ors. and the order dated 25.03.2021, passed in S.B. Civil Writ Petition No. 4867/2021; Karnail Singh Vs. Motor Accident Claim Tribunal & Ors. at Principal Seat, Jodhpur.

3. Considered the submissions made by counsel for the petitioner and also perused the material made available on record. 4. The Coordinate Bench of this Court, in the case of Salim Khan Vs. The Oriental Insurance Co. Ltd.;S.B. Civil Writ Petition No.6611/2028, decided on 22.05.2018, observed as under:-

"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 the award dated 14.07.2015 passed by the Motor Accident Claims Tribunal, Suratgarh.

Facts in brief are that the petitioner’s father Vinod Kumar passed away in an accident on 09.05.2009. Upon a claim application being filed by the claimants, learned Motor Accident Claims Tribunal, Suratgarh awarded a compensation to the tune of Rs.23,70,320/- under the award dated 14.07.2015. The Single Bench of this court in an appeal preferred by the respondent modified the compensation amount to Rs.22,30,000/-. In furtherance of the award, a Fixed Deposit Receipt No.1080044 (A/c No.05423101000543) for a sum of Rs.2,14,020/- was prepared with the Oriental Bank of Commerce, Suratgarh Branch in the name of the petitioner. The petitioner upon gaining majority, filed an application be