IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Civil Revision No. 5430 of 2008.

Date of Decision : 11.1.2010.

Roshni Devi

......Petitioner

Versus

Ramesh Kumar & others

......Respondents

CORAM :

HON'BLE MR. JUSTICE NAWAB SINGH

Present:

Mr. Parminder Singh, Advocate,

for the petitioner.

Ms. Vandana Malhotra, Advocate,

for respondent No.2.

NAWAB SINGH J.(ORAL)

Roshni Devi-petitioner, a widow was awarded

Rs.80,000/- along with interest at the rate of 7.5% as compensation

by the Motor Accident Claims Tribunal, Karnal (for short 'MACT') by

judgment dated May 1

st, 2008 on account of death of her son in a

road accident. The amount awarded was deposited in her name in

fixed deposit in Oriental Bank of Commerce, EC-Mini Secretariat,

Karnal.

The petitioner filed application before the MACT,

Karnal that the amount deposited in her name be released to her as

she needs the money to keep herself alive as she has no other

source of income. The application was partly allowed by the MACT,

Karnal, whereby, 40% of the amount was ordered to be released.

Against the said order, petitioner has filed this petition.

The petitioner is an old lady. She is a widow. She

lost her son in the accident. She, of course, requires money for her

up-keeping. The only object of getting the amount deposited is

Civil Revision No. 5430 of 2008.

(2)

that the recipient is not defrauded. The amount in fact belongs to the

petitioner and it has remained deposited for sufficient time. If the

amount is not released and the poor lady dies, it will be a travesty of

justice.

In view of this, her application for release of the

amount deserves acceptance. Hence, it is accepted. The order

passed by the MACT, Karnal is set-aside. Accordingly, MACT, Karnal

is directed to release the entire amount of the petitioner lying

deposited in fixed deposit to her.

11.1.2010

(NAWAB SINGH)

SN

JUDGE