High CourtsSingle Bench(2012) 03 P&H CK 0359

Som Parkash and another vs Sunil Chawla and another

Punjab And Haryana At Chandigarh · Decided on 1 March 2012

HON’BLE JUDGES
L.N. Mittal, J
RESULT
Allowed
CASE NUMBER
C.R. No. 1358 of 2012

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Judgment

6 paragraphs · 257 words

L.N. Mittal, J.—In this revision petition, filed under Article 227 of the Constitution of India, claimants before the Motor Accident Claims Tribunal, Sirsa (in short - the Tribunal) have assailed order dated 12.10.2011 (Annexure P-2) passed by the Tribunal.

2.

Vide Award (Annexure P-1) dated 14.06.2011, petitioners were awarded compensation of Rs. 2,87,350/- along with interest for the death of their son caused in motor vehicular accident. The compensation amount was ordered to be deposited in Fixed Deposit Receipts (FDRs) in some nationalized Bank in the names of petitioners for five years. The petitioners were allowed to receive monthly interest accruing on the fixed deposits.

3.

Petitioners moved application for release of the FDR amounts alleging that they need it for their business and for other necessities. The Tribunal, vide impugned order Annexure P-2, ordered release of 50% of the amount of the fixed deposits of the petitioners and ordered that the remaining 50% amount shall remain deposited. Feeling aggrieved, claimants have filed this revision petition.

4.

I have heard learned counsel for the petitioners and perused the case file.

5.

Although sufficient ground is not made out for release of the entire amount of the fixed deposits of the petitioners, yet since the amount belongs to the petitioners, it would be in the interest of justice to release the same as per their wishes.

6.

Accordingly, the instant revision petition is allowed. Entire amount of fixed deposits of the petitioners, including accrued interest amount, is ordered to be released to them against proper identification and receipt.