[2025:RJ-JP:35132]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14035/2024

1. Chanda Devi Wife Of Late Tara Chand Koli, Aged About 47 Years, Resident Of Village Tholai, Tehsil Jamwaramgarh, District Jaipur At Present Resident Of C-17, Saini Colony, Mahesh Nagar, Jaipur.

2. Govind Son Of Late Tara Chand Koli, Aged About 26 Years, Resident Of Village Tholai, Tehsil Jamwaramgarh, District Jaipur At Present Resident Of C-17, Saini Colony, Mahesh Nagar, Jaipur.

3. Naveen Koli Son Of Late Tara Chand Koli, Aged About 23 Years, Resident Of Village Tholai, Tehsil Jamwaramgarh, District Jaipur At Present Resident Of C-17, Saini Colony, Mahesh Nagar, Jaipur.

4. Vijay Bharti Daughter Of Late Tara Chand Koli, Aged About 21 Years, Resident Of Village Tholai, Tehsil Jamwaramgarh, District Jaipur At Present Resident Of C-17, Saini Colony, Mahesh Nagar, Jaipur.

5. Smt. Shanti Devi Wife Of Late Ghasi, Aged About 70 Years, Resident Of Village Tholai, Tehsil Jamwaramgarh, District Jaipur At Present Resident Of C-17, Saini Colony, Mahesh Nagar, Jaipur. ----Petitioners Versus

1. Rajendra Singh Son Of Bhanwar Singh, Resident Of Girvar Colony, Nag Talai, Delhi Bypass Road, Thana Galtagate, Jaipur (Driver And Owner Loading Tempo No. Rj-14-Ga-1160)

2. United India Insurance Company Limited, Division Office At Paanch Batti, M.i. Road, Jaipur Its Branch Manager (Insurance Company Loading Tempo No. Rj-14-Ga- 1160)

3. Mangal Ram Gurjar Son Of Mewaram Gurjar, Resident Of Village Laxmipura, Tehsil Sadwar, District Ajmer (Driver Truck No. Rj- 01-Gb-6588))

4. Basram Yadav Son Of Nanda Yadav, Resident Of Village Mandiyani, Via Srinagar, Post Dhal, Tehsil Nasirabad, District Ajmer (Owner Truck No. Rj-01-Gb-6588)

5. Oriental Insurance Company Limited, Having Its Branch Office At Anand Vhawan, Sansar Chandra Road, Jaipur Through Its Branch Manager (Insurance Company Truck No. Rj -01-Gb-

6588)

----Respondents For Petitioner(s) : Mr. Vinay Mathur For Respondent(s) : Mr. Sandeep Jain HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

01/09/2025 Learned counsel for the petitioners has approached this Court for a pre-mature release of FDR amount. It is submitted that the claim of approximately 66 lacs has been awarded, out of which, the petitioner, who is widow of the deceased, has been awarded a sum of Rs.25,00,000/- at that time. It is further submitted that the petitioner out of the aforesaid amount requested merely Rs. 5,00,000/- qua renovation of the house. Moreover, the petitioner is survived with one major (in terms of age) and one minor (in terms of age) children.

Further, the petitioner has relied upon the judgments titled as A.V. Padma and ors. Vs. R. Venugopal and Ors.: 2012 ACJ 271, General Manager, Kerela State Transportation Corporation, Trivandram Vs. Mrs. Susamma Thomas and Ors.: 1994 (2) SCC 176 and Jilsad alias Dilsad Vs. Shaukat and Ors.: 2018 (4) WLN 161 and has submitted that the same are to be read while giving a beneficial interpretation in the favor of the claimant.

Having heard the submissions made by the learned counsel for the petitioner and upon a perusal of the material available on record, this Court at this juncture deems it apposite to act in consonance with the guidelines spelled out in the ratio of General Manager, Kerela State Transportation Corporation, Trivandram (Supra), the relevant extract of which is reproduced herein below: “17.In a case of compensation for death it is appropriate that the Tribunals do keep in mind the principles enunciated by this Court in Union Carbide Cor poration and Ors . v. Union of India and Ors.: AIR1992SC248 in the matter of appropriate investments to safeguard the feed from being frittered away by the beneficiaries owing to ignorance, illiteracy and susceptibility to exploitation. In that case approving the judgment of the Gujarat High Court in Muljibhai Ajarambhai Harijan and Anr. v. United India Insurance Co. Ltd. and Ors. 1982 1 Guj. LR 756 this Court offered the following guidelines: