CR No.4576/2011 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH

CR No.4576/2011

Date of decision: 29.07.2011.

Santro

....................Petitioner

v.

Baljeet Singh and another

.....................Respondents

Coram: Hon'ble Mr.Justice Jaswant Singh

Present: Mr.Amit Singla,Advocate for the petitioner.

Jaswant Singh.J.(Oral)

Claimant-applicant/petitioner has filed the instant revision

petition under Article 227 of the Constitution of India assailing the

order dated 8.6.2011 (P3) passed by learned Motor Accident Claims

Tribunal, Hisar whereby her application for encashment of FDR

No.EM/COMC/C No.043259 dated 17.5.2011, has been dismissed.

Petitioner is wife of late Krishan, who died in a motor

vehicular accident that took place on 1.3.2009. Following his death,

petitioner alongwith her minor children and mother of deceased

Krishan filed claim petition which was allowed by the learned Motor

Accident Claims Tribunal vide award dated 5.1.2011 and a total

compensation of Rs.6,68,000/- was awarded. Out of the total amount,

CR No.4576/2011 2

petitioner was held entitled to 35% of the awarded amount. She was

paid a sum of Rs.50,000/- in cash and remaining amount was ordered

to be deposited in her in name in Fixed Deposit Receipt in any

nationalised bank.

Vide her application dated 7.6.2011, petitioner approached

the learned MACT, Hisar for release of the amount lying deposited in

her name in FDR on the ground that she requires the money for the

upbringing and schooling of her minor children, who are unable to earn

livelihood. It was also averred that the house of the applicant/petitioner

is in a dilapidated condition and requires major repair. However, that

application was dismissed by the learned MACT, Hisar vide impugned

order dated 8.6.2011. Hence the present revision petition.

It is submitted by the learned counsel that the petitioner is

major; (ii) her need for the money, as spelt out in the application dated

7.6.2011 is genuine; and deposit of her share of compensation in bank

by way of FDR is illegal in view of the law laid down by Hon'ble the

Supreme Court in H.S.Ahammed Hussain v. Irfan Ahammed, 2002

(3) RCR (Civil) 563, wherein it has been held that the amount payable

to an adult cannot be directed to be kept in fixed deposit.

Heard learned counsel for the petitioner and perused the paper

book.

Keeping in view the enunciation of law as referred to above

and further coupled with the need of the petitioner as detailed

hereinabove, the impugned order dated 8.6.2011 passed by learned

CR No.4576/2011 3

MACT,Hisar is modified to the extent that the entire amount of

compensation falling to the share of the petitioner, who is a major,shall

be paid in cash to her instead of keeping the same in a fixed deposit.

This order is being passed without issuing notice to the

respondents, as no relief has been sought against them.

Disposed of in the above terms.

29.07.2011

(Jaswant Singh)

joshi

Judge