The court affirmed that the Motor Accident Claims Tribunal has the discretion to restrict the premature withdrawal of awarded funds kept in FDRs to ensure the long-term financial security of the claimants and prevent the misuse of the award.

Order

20/04/2026

By way of filing the present writ petition, the petitioners have prayed for the following reliefs:-

“It is therefore most respectfully prayed that this Hon’ble Court may kindly be pleased to:

i. Issue an appropriate writ, order or direction directing the respondent Tribunal to allow premature withdrawal of remaining FDR amounts of the petitioners;

Partu: FDR No.12861RA00003796- Rs.1,00,000/-

Smt. Bhulki: FDR No.12861RA00003769 Rs.50,000/-

ii. Declare the impugned order dated 11.03.2026 as arbitrary to the extent it restricts full withdrawal;

iii. Pass any other order deemed fit in the interest of justice.

iv. Award cost of the petition.”

2. The present writ petition has been preferred against the order dated 11.03.2026 (Annexure-05) passed by the Motor Accident Claims Tribunal, Banswara, in MACT Case No. 85/2024, whereby the application preferred by the petitioner for premature release of FDR Nos. 128610RA00003732, 128610RA00003796, 128610RA00003750, and 128610RA00003769 has been partly allowed. The amount available in FDR No. 128610RA00003732 (Rs. 1,00,000/-) in the name of Partu and FDR No. 128610RA00003750 (Rs. 1,00,000/-) in the name of Smt. Bhulki has been ordered to be released, whereas the premature release of FDR Nos. 128610RA00003796 and 128610RA00003769 has been rejected.

3. Having heard learned counsel for the petitioner and upon perusal of the material available on record, this Court finds that petitioner No. 1, Partu, aged about 63 years, and petitioner No. 2, Smt. Bhulki, aged about 69 years, had filed applications for premature release of the FDRs for the purpose of repairing their residential house. The learned MACT Tribunal, after considering the material on record and the age of the petitioners, in its discretion, ordered the premature release of FDR Nos. 128610RA00003732 and 128610RA00003750.

4. This Court finds no illegality in the order passed by the learned MACT Tribunal. The object of issuing directions for keeping a portion of the awarded amount in fixed deposits for the benefit of the relatives/legal heirs of the victim is to ensure financial stability, as well as structured and secure disbursement of funds. The said directions are also intended to oblivate the risk of misuse or dissipation of awarded amount on account of imprudent financial decisions or avoidable expenditure, thereby safeguarding long-term financial security.

5. This Court is of considered view that the impugned order dated 11.03.2026 (Annex.5) passed by the MACT Court, Banswara, in MACT Case No. 85/2024 to be well-reasoned and justified.

6. Consequently, no case for the premature release of FDR Nos. 128610RA00003796 and 128610RA00003769 is made out. Accordingly, the present writ petition, along with the stay application, is dismissed as being devoid of merit.