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Judgment
U.C. Maheshwari, Judge
In the available scenario of the matter instead to hear this petition on admission, the same is heard for final disposal. The petitioner has filed this petition under Article 227 of the Constitution of India being aggrieved by the order dated 21.7.2012 passed by the 19th AMACT, Jabalpur in MJC NO. 19/2012 whereby her application filed for premature encashment of the Fixed Deposit Receipt (F.D.R.) made in compliance of the award dated 17.2.2011 passed by the aforesaid Tribunal in the Claim Case No. 107/09, later which was affirmed by this court by enhancing some amount, vide dated 14.12.2011 in M.A. No. 1338/2011.
As per averments of the petition the petitioner wants encashment of aforesaid Fixed Deposit Receipt on account of her need for treatment of his son - Raj Kumar, who sustained some injuries in vehicular accident. As per further averments of the petition and papers placed on record huge amount is required for treatment of cervical, vertebra and right hand of his son.
Petitioner's counsel made his limited prayer saying that by invoking the mercy jurisdiction of this Court, the petitioner be permitted to encash some part of the aforesaid FDR for the aforesaid purpose.
Considering the overall circumstances after observing the aforesaid son of the petitioner namely Raj Kumar who is present before the Court, in the available circumstances, out of the sum of FDR the petitioner is permitted to withdraw sum of Rs. 30,000/- (Rs. Thirty thousand) in addition to the sum of Rs. 20,000/-, awarded by the Tribunal from the concerning bank. Pursuant to it, the Union Bank of India, State Bar Council, Branch at High Court Campus, Jabalpur is directed to release Rs. 30,000/- (Rs. Thirty thousand) from the FDR of the petitioner while the remaining sum of the same alongwith its accrued interest be kept in the Bank in the Fixed Deposit Scheme, as directed by the Tribunal.
The petitioner shall be at liberty to file fresh application before the Tribunal if after spending aforesaid sum for the treatment of her son, if she is in need of the additional sum but such aspect shall be considered by the Tribunal taking into consideration the nature and line of the treatment of said Raj Kumar.
The petition is disposed of as indicated above. Cc as per rules.